Opinion
Case No.: 3:01cr8/RV Case No.: 3:12cv507/RV/EMT
11-28-2012
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated October 24, 2012 (doc. 201). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed.
Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 199) is DISMISSED without prejudice.
3. No certificate of appealability shall issue.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE