Opinion
Civil Action 20-13-DLB-EBA-2
07-21-2023
UNITED STATES OF AMERICA PLAINTIFF v. PAUL HART DEFENDANT
ORDER
David L. Bunning United States District Judge
This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Edward B. Atkins (Doc. # 248), wherein he recommends that Defendant Paul Hart's Motion to Vacate his conviction and sentence under 28 U.S.C. § 2255 (Doc. # 225) be denied and that no certificate of appealability should be issued. No objections have been filed, and the time for doing so has passed. Thus, the R&R is ripe for the Court's review. Having reviewed the R&R and concluding that it is sound in all respects, it will be adopted as the Opinion of the Court. Accordingly, IT IS ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge (Doc. # 248) is ADOPTED as the Opinion of the Court;
(2) Defendant's Motion to Vacate under 28 U.S.C. § 2254 (Doc. # 225) is DENIED; and
(3) For the reasons set forth in the Magistrate Judge's R&R, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, NO CERTIFICATE OF APPEALABILITY SHALL ISSUE.