Opinion
1:18-CR-102 1:21-CV-980
02-03-2022
BRENDAN JAMAL HOLT Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER AND JUDGMENT
The Recommendation of the United States Magistrate Judge was filed in accordance with 28 U.S.C. § 636(b) and the Clerk served the Recommendation on the petitioner. No objections were filed, though the petitioner has since filed a corrected motion to vacate on the proper forms. See 18-CR-102 at Doc. 41. The Court hereby adopts the Magistrate Judge's Recommendation as to the initial petition.
IT IS THEREFORE ORDERED AND ADJUDGED that the motion at Doc. 38 is DENIED and the related civil action, 21-CV-980, is filed and dismissed sua sponte, all without prejudice to the petitioner's motion at Doc. 41 or other appropriately filed petition which corrects the defects cited in the Magistrate Judge's Recommendation.
The § 2255 motion at Doc. 41 remains pending.
A certificate of appealability shall not issue.