Bischoff v. U.S.

Full title: MICHAEL P. BISCHOFF, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Nov 10, 2005

Case No. 04-74383 (E.D. Mich. Nov. 10, 2005)

Opinion

Case No. 04-74383.

November 10, 2005

OPINION AND ORDER ADOPTING, IN PART, MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

LAWRENCE ZATKOFF, District Judge

Petitioner filed a Motion to Vacate, Set Aside, or Correct his sentence pursuant to 28 U.S.C. § 2255 on November 10, 2004. Respondent filed a response brief. This matter is currently before the Court on Magistrate Judge Komives's Report and Recommendation of May 11, 2005, in which the Magistrate Judge recommends that the Motion should be denied.¹ Petitioner filed an objection to the Report and Recommendation, styled as a Motion for En Banc Review of Report and Recommendation.²

1 An amended Report and Recommendation, correcting a typologicial error, was filed on November 3, 2005.

2 Appearing as Docket #171 of the criminal case 95-80889.

The Court has undertaken a thorough review of the court file, the Report and Recommendation, and the objection to the Magistrate Judge's Report and Recommendation filed by Petitioner. As a result of that review, the Court adopts the Recommendation denying Petitioner's Motion to Vacate, Set Aside, or Correct his sentence. In addition, the Court adopts all portions of the Report except for II.C.2.c., pertaining to one of Petitioner's claims of ineffective assistance of counsel. The Court does not find it necessary to determine whether Petitioner waived his right to appeal his sentence, because, as detailed in the Magistrate's Report, there are no grounds to vacate, set aside, or correct Petitioner's sentence.

Therefore, IT IS HEREBY ORDERED that Petitioner's Motion to Vacate, Set Aside, or Correct his sentence is DENIED.