Opinion
Case No. 3:06-cr-179 Also 3:13-cv-261
01-13-2014
UNITED STATES OF AMERICA, Plaintiff, v. DONNELL LETEL COOK, Defendant.
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
ORDER ADOPTING THIRD SUPPLEMENTAL REPORT AND RECOMMENDATIONS
The Court has reviewed the Third Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Docs. #151), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Motion to Vacate under 28 U.S.C. § 2255 be DISMISSED with prejudice. Defendant is also DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous.
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Thomas M. Rose
United States District Judge