Opinion
Case No. 3:12-cv-36
08-30-2013
UNITED STATES OF AMERICA, Plaintiff, v. BRYAN CRAIG MILAN, Defendant.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE MAGISTRATE JUDGE (Doc. 22); (2) DENYING AND DISMISSING
DEFENDANT'S MOTION TO VACATE (Doc. 21) WITH PREJUDICE; (3) DENYING
ANY REQUESTED CERTIFICATE OF APPEALABILITY; AND (4) CERTIFYING
THAT AN APPEAL WOULD BE OBJECTIVELY FRIVOLOUS
This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 22). Defendant did not file any objections to the Report and Recommendations 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 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. 22) in its entirety; (2) DENIES and DISMISSES Defendant's Motion to Vacate (Doc. 21) WITH PREJUDICE; (3) DENIES any requested certificate of appealability; and (4) CERTIFIES that that an appeal would be objectively frivolous.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge