Opinion
CASE NO. 5:08-cr-28/RS CASE NO. 5:11-cv-344/RS-EMT
04-25-2012
UNITED STATES OF AMERICA, v. EULADIO SANTIAGO, JR.
ORDER
Before me are the Magistrate Judge's Report and Recommendation (Doc. 91) and the Defendant's Objections (Doc. 94). I have considered the objections de novo.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. The Government's Motion to Dismiss Defendant's §2255 motion (Doc. 79) is GRANTED.
3. Defendant's Amended Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 77) is DISMISSED as untimely.
4. A certificate of appealability is DENIED because Petitioner has not made a substantial showing of a denial of a constitutional right.
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RICHARD SMOAK
UNITED STATES DISTRICT JUDGE