Opinion
Civil Action 4:20cv397 CRIMINAL ACTION 4:17cr118(1)
09-26-2023
HOWARD G. DIAMOND, #27213-078 v. UNITED STATES OF AMERICA
ORDER OF DISMISSAL
MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE
The above-entitled and numbered civil action was referred to United States Magistrate Judge Aileen Goldman Durrett, who issued a Report and Recommendation (#51) concluding that the Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed pursuant to 28 U.S.C. § 2255 should be denied and dismissed with prejudice. Movant, with the assistance of counsel, filed objections (Dkt. #54).
The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. Having made a de novo review of the objections raised by Movant to the Report, the Court concludes that the findings and conclusions of the Magistrate Judge are correct, and the objections of Movant are without merit.
It is accordingly ORDERED that Movant's Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (#22) pursuant to 28 U.S.C. § 2255 is DENIED, and the case is DISMISSED with prejudice. A Certificate of Appealability is DENIED. All motions by either party not previously ruled upon are DENIED.
Signed this date