Summary
noting that "an unnecessary request for leave to file a second or successive petition would not serve to toll the limitations period"
Summary of this case from Miles v. United StatesOpinion
CRIMINAL NO. 2:10-CR-138-DBH
10-30-2013
UNITED STATES OF AMERICA v. ROBERT DAOUST, DEFENDANT
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On September 26, 2013, the United States Magistrate Judge filed with the court, with copies to the parties, her Recommended Decision on 28 U.S.C. § 2255 Motion. The defendant filed his objection to the Recommended Decision on October 10, 2013. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant's 28 U.S.C. § 2255 motion is summarily DENIED.
I find that no certificate of appealability shall issue in the event the movant files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).
SO ORDERED.
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D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE