Opinion
CRIMINAL ACTION NO. 15-31-4-DLB-HAI
12-20-2016
UNITED STATES OF AMERICA PLAINTIFF v. MICHELLE HELPHENSTINE DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Hanley Ingram (Doc. # 99), wherein he recommends that Defendant Michelle Helphenstine's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 94) be denied. No objections having been filed, and the time to do so having now expired, the R&R is ripe for the Court's consideration.
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 denied. Accordingly,
IT IS HEREBY ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge (Doc. # 99) be, and hereby is, adopted in full as the findings of fact and conclusions of law of the Court;
(2) Defendant Michelle Helphenstine's Motion to Vacate Pursuant to 28 U.S.C. § 2255 (Doc. # 94) is denied;
(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 20th day of December, 2016.
Signed By:
David L . Bunning
United States District Judge