Opinion
Case No. 3:10-cr-210(26) Also Case No. 3:15-cv-178
10-21-2015
UNITED STATES OF AMERICA, Plaintiff, v. MARTIN JUAREZ, Defendant.
Magistrate Judge Michael R. Merz
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 912), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Government's Motion to Dismiss (ECF No. 904) be GRANTED. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. October 21, 2015.
/s/_________
Walter Herbert Rice
United States District Judge