Opinion
CRIMINAL NO. 2:04-CR-94-DBH
08-01-2016
UNITED STATES OF AMERICA, v. ROBERT MARION, DEFENDANT
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
On July 7, 2016, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on 28 U.S.C. § 2255 Motion. (ECF No. 82). The time within which to file objections expired on July 25, 2016, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. Id. at 5.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The pending 28 U.S.C. § 2255 Motion is TRANSFERRED to the Court of Appeals for the First Circuit pursuant to 28 U.S.C. § 1631 and First Circuit Rule 22.1(e). (I note that the Court of Appeals on July 25, 2016, has stayed its own action pending the Supreme Court decision in Beckles v. United States. Order of Court, Marion v. United States, No. 16-1835, (1st Cir. July 25, 2016)). I DENY a certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2255 Cases because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).
SO ORDERED.
DATED THIS 1ST DAY OF AUGUST, 2016
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE