Opinion
Case No. 3:11-cr-15 Case No. 3:14-cv-53
05-22-2014
UNITED STATES OF AMERICA, Plaintiff, v. JAKOVA K. JAMES-SIMS, Defendant.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 68) IN ITS
ENTIRETY; (2) DISMISSING DEFENDANT'S MOTION TO VACATE (Doc. 67)
WITH PREJUDICE; (3) DENYING A CERTIFICATE OF APPEALABILITY;
AND (4) CERTIFYING THAT AN APPEAL WOULD BE OBJECTIVELY
FRIVOLOUS AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS
This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 68). The Magistrate Judge recommends that Defendant's Motion to Vacate (Doc. 67) be dismissed with prejudice, that Defendant be denied a certificate of appealability and that the Court certify that an appeal would be objectively frivolous. Defendant did not file any objections to the Report and Recommendations of the Magistrate Judge and the time for doing so has expired. Accordingly, the issues are ripe for decision by the Court.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered the issues presented de novo. Based on that review, the Court: (1) ADOPTS the Report and Recommendations of the Magistrate Judge (Doc. 68) in its entirety; (2) DISMISSES Defendant's Motion to Vacate (Doc. 67 ) WITH PREJUDICE; (3) DENIES Defendant any requested certificate of appealability; and (4) CERTIFIES that an appeal would be objectively frivolous and, therefore, DENIES Defendant leave to appeal in forma pauperis. This case should be closed on the Court's docket.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge