Opinion
1:06CV00088, 2:97CR134-1.
March 22, 2006
JUDGMENT
On January 27, 2006, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. 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 AND ADJUDGED that this action is dismissed sua sponte without prejudice to petitioner filing a corrected motion on the proper Section 2255 motion forms, and that 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 denied.