Opinion
No. 2:07-cr-00029-GZS No. 2:12-cv-00360-GZS
05-08-2013
BRYAN BLACK, Movant v. UNITED STATES OF AMERICA, Respondent
ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on March 29, 2013, her Recommended Decision (ECF No. 320). Defendant filed his Objection to the Recommended Decision (ECF No. 321) on April 15, 2013.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary.
1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
2. It is hereby ORDERED that the Court summarily DENIES Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. §2255 (ECF No. 308).
3. It is hereby ORDERED that no certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2255 cases shall be issued should Defendant seek to appeal this order because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).
George Z. Singal
United States District Judge