Opinion
1:22-cv-706 1:21-cr-254-1
03-31-2023
RAEKWON MARQUIS TAISHAWN BRINKLEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
On October 26, 2022, the United States Magistrate Judge's Order and Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 34, 35.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 34), is ADOPTED. IT IS FURTHER ORDERED that Petitioner's filing treated as a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 33) is DENIED, and that this action be filed and, is hereby, DIMISSED WITHOUT PREJUDICE to Petitioner promptly filing a corrected motion on the proper § 2255 forms. The court further finds there is no substantial showing of the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, therefore a certificate of appealability is not issued.
A Judgment dismissing this action will be filed contemporaneously with this Order.