Opinion
Case No. 2:12 CR 147-1
02-05-2016
UNITED STATES OF AMERICA, v. RAMELL HOLDER
ORDER
The Report and Recommendation of the United States Magistrate Judge was filed October 1, 2015. Defendant's objection was filed October 19, 2015.
A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); Perez-Rubio v. Wyckoff, 718 F. Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id.
After careful review of the file, the Magistrate Judge's Report and Recommendation and the objections, this Court ADOPTS the Magistrate Judge's recommendations in full.
The motion under 28 U.S.C. §2255 to vacate, set aside or correct a sentence by a person in federal custody (Doc. 154) is DENIED.
Pursuant to Fed. R. App. P. 22(b), a certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. Moreover, the petitioner's grounds for relief do not present issues which are debatable among jurists of reasons, which could have been resolved differently, or which deserve further proceedings. Lucidore v, New York State Div. Of Parole, 209 F.3d 107, 112 (2d Cir. 2000).
It is further certified that any appeal would not be taken in good faith, and permission to proceed in forma pauperis is therefore DENIED. See 28 U.S.C. § 1915(a)(3).
THIS CASE IS CLOSED.
Dated at Burlington, in the District of Vermont, this 5th day of February, 2016.
/s/ William K. Sessions III
William K. Sessions III
U.S. District Court Judge