Opinion
Case No. 3:08-cr-175 Also 3:11-cv-299
12-15-2015
UNITED STATES OF AMERICA, Petitioner, v. JEREMY E. LEWIS 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. 223), 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.
Defendant Lewis's Motion to Vacate Void Judgment pursuant to Fed. R. Civ. P. 60(b)(4) (ECF No. 222) is DENIED. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. December 15, 2015
*/Thomas M. Rose
Thomas M. Rose
United States District Judge