Opinion
CRIMINAL ACTION NO. 13-21-DLB-HAI-1
07-18-2017
UNITED STATES OF AMERICA PLAINTIFF v. FREDERICK M. HARRIS DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
* * * * * * * * * * * * * * * *
This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Hanley Ingram (Doc. # 146), wherein he recommends that Defendant Frederick Harris's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 139) be dismissed because Harris waived his right to collaterally attack his sentence, and his motion time-barred. No objections having been filed and the time to do so having now expired, the R&R is ripe for the Court's consideration.
Defendant Harris also filed a corrected motion (Doc. # 142) in compliance with a Court order (Doc. # 141). --------
Having reviewed the Magistrate Judge's thorough R&R, the Court concludes that it is sound in all respects, and agrees that Defendant's Motion should be dismissed. Accordingly,
IT IS HEREBY ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge (Doc. # 146) be, and hereby is, adopted in full as the findings of fact and conclusions of law of the Court;
(2) Defendant's Motion to Vacate Pursuant to 28 U.S.C. § 2255 (Docs. # 139 and 142) is dismissed;
(3) For the reasons set forth in the Report and Recommendation of the United States Magistrate Judge, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue; and
(4) This matter is hereby dismissed with prejudice and stricken from the Court's active docket.
This 18th day of July, 2017.
Signed By:
David L . Bunning
United States District Judge