Opinion
Civil Action 21-22-DLB-MAS
07-24-2023
UNITED STATES OF AMERICA PLAINTIFF v. JAMAAL A. STOKES DEFENDANT
ORDER
This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Matthew Stinnett (Doc. # 38), wherein he recommends that Defendant's Motion to Vacate his conviction and sentence under 28 U.S.C. § 2255 (Doc. # 35) be denied and that no certificate of appealability should be issued. No objections have been filed, and the time for doing so has passed. The Court has reviewed the R&R and concludes that it is sound in all respects, and it will be adopted as the opinion of the Court.
Accordingly, IT IS ORDERED as follows:
(1) The Report and Recommendation of the United States Magistrate Judge (Doc. # 38) is ADOPTED as the Opinion of the Court;
(2) Defendant's Motion to Vacate under 28 U.S.C. § 2255 (Doc. # 35) is DENIED; and
(3) For the reasons set forth in the Magistrate Judge's R&R, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, NO CERTIFICATE OF APPEALABILITY SHALL ISSUE.