Opinion
1:16CV565 1:12 CR117-1
05-30-2023
ALBERT LEE ANDREWS, III, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
N. CARLTON TILLEY, JR. SENIOR UNITED STATES DISTRICT JUDGE
The Recommendations of the United States Magistrate Judge were filed with the Court in accordance with 28 U.S.C. § 636(b) and, on February 27, 2023, and February 28, 2023, were served on the parties in this action. [See Docs. #152-155.] Petitioner filed Objections to the Magistrate Judge's Recommendation dated February 27, 2023, but did not file objections to the Magistrate Judge's Recommendation dated February 28, 2023. [Doc. #156.]
Therefore, the Court need not make a de novo review of the latter report, and the Magistrate Judge's Recommendation [Doc. #154] dated February 28, 2023, is hereby adopted. In addition, the Court has reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination in accord with the Magistrate Judge's report. Accordingly, the Court also adopts the Magistrate Judge's Recommendation [Doc. #152] dated February 27, 2023.
IT IS THEREFORE ORDERED that Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence [Doc. #110], Petitioner's two Motions to Amend [Docs. #120, 128], and Petitioner's Letter Motion [Doc. #148] are all denied. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued.
A Judgment dismissing this action will be entered contemporaneously with this Order.