Opinion
CRIMINAL NO. 4.97 CR 111 R(2), (CIVIL NO. 4:01-CV-071-R).
March 2, 2001.
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
The Court has made an independent review of the following matters in the above-styled and numbered cause:
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on February 7, 2001.
Although the magistrate judge, pursuant to a notice and order of February 7, 2001, gave the parties until February 28, 2001 to file written objections to his findings, conclusions, and recommendation, as of the date of this order, no written objections have been filed. This Court finds that defendant Cox's motion under 28 U.S.C. § 2255 should be dismissed with prejudice for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that defendant James L. Cox's January 19, 2001 Motion Under 28 U.S.C. § 2255 be, and is hereby, DISMISSED WITH PREJUDICE.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.