Opinion
Case No. 3:03cr00017.
September 8, 2009
DECISION AND ENTRY
The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #151), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby adopts said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on August 18, 2009 (Doc. #151) is ADOPTED in full;
2. Defendant's Civ. Proc. Rul 60 Motion (Doc. #147) is DENIED; and
3. Defendant is denied both a certificate of appealability under 28 U.S.C. § 2253(c) and leave to proceed in forma pauperis on appeal under 28 U.S.C. § 1915(a)(3).