Opinion
19-14441-CV-MIDDLEBROOKS/Maynard 16-14059-CR-MIDDLEBROOKS
04-14-2022
MATTHEW VAUGHN HAWKS, Movant, v. UNITED STATES OF AMERICA, Respondent.
Honorable Shaniek Maynard Counsel of Record
Honorable Shaniek Maynard Counsel of Record
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
Donald M. Middlebrooks, United States District Judge
THIS CAUSE comes before the Court on Magistrate Judge Shaniek Maynard's Report and Recommendation (“Report”), issued on March 11, 2022. (DE 31). The Report recommends denying Movant Matthew Vaughn Hawks's Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. §2255. Movant filed objections (DE 36). The deadline for the government to respond has not yet expired.
I have conducted a de novo review of Judge Maynard's Report, the record in this case, and I have considered the applicable law. I have also considered Movant's objections, and I find that they lack merit. Accordingly, I agree with Judge Maynard's recommendations and adopt her Report. Further, I find that Movant cannot make “a substantial showing of the denial of a constitutional right” sufficient to support the issuance of a Certificate of Appealability. See 28 U.S.C. § 2253.
Accordingly, it is ORDERED AND ADJUDGED that:
(1) The Report (DE 31) is ADOPTED.
(2) Movant's Objections (DE 36) are OVERRULED.
(3) Movant's Motion to Vacate pursuant to 28 U.S.C. § 2255 (DE 1) is DENIED.
(4) No certificate of appealability shall issue.
(5) Final Judgment shall be entered by separate Order.