Opinion
CRIMINAL NO. 1:94-CR-0453-WMR CIVIL ACTION NO. 1:19-CV-2514-WMR
08-26-2019
CLIFFORD DURHAM, JR., Movant, v. UNITED STATES OF AMERICA Respondent.
MOTION TO VACATE 28 U.S.C. § 2255
ORDER
This matter is before the Court on the Magistrate Judge's Final Report and Recommendation ("R & R") [Doc. 34], which recommends that Durham's § 2255 Motion to Vacate [Doc. 33] be DISMISSED as time barred pursuant to Rule 4(b) of the Rules Governing § 2255 cases and that a certificate of appealability be DENIED. No objection to the R & R has been filed.
I. LEGAL STANDARD
Under 28 U.S.C. § 636(b)(1), the Court reviews the R & R for clear error if no objections are filed by a party within 14 days after being served with a copy. If a party files objections, however, the Court must determine de novo any part of the R & R that is the subject of a proper objection. Id. As no objection to this R & R has been filed, the clear error standard applies.
II. CONCLUSION
After reviewing the Magistrate Judge's Final Report and Recommendation [Doc. 34] for clear error, the Court receives the R & R with approval and adopts its findings and conclusions as the Opinion of this Court. Accordingly, §2255 Motion to Vacate [Doc. 33] is hereby DISMISSED as time barred pursuant to Rule 4(b) of the Rules Governing § 2255 cases and a certificate of appealability is DENIED.
IT IS SO ORDERED, this 26th day of August, 2019.
/s/_________
WILLIAM M. RAY, II
United States District Judge