Opinion
00 Civ. 8818 (LAK), S2 97 Cr. 185 (SS)
August 16, 2002
ORDER
Kent James, a/k/a Gondalini Ali, has moved pursuant to 28 U.S.C. § 2255 to vacate his judgment of conviction. The matter was referred to Magistrate Judge Gabriel W. Gorenstein who issued a Report and Recommendation on May 20, 2002 (the "RR"). Magistrate Judge Gorenstein recommended denial of the motion.
Petitioner filed sixty five pages of objections to the RR. These objections were received by the pro se office on June 17, 2002. Although they were not timely filed, they were accompanied by a request for a thirty day extension for movant's time to reply. On August 5, 2002, the pro se office received an additional filing from James, entitled "Supplemental Pleading of Authorities." This nine page filing actually is a restatement of many of the objections contained in movant's initial response to the RR.
Despite their untimeliness, the Court has considered the objections to the RR contained in both submissions. The objections all are overruled and the petition for a writ of habeas corpus is denied for the reasons set forth in the RR.
There being no substantial questions raised, a certificate of appealability is denied. Any appeal herefrom would not be taken in good faith within the meaning of 28 U.S.C. § 1915.
The motion is denied.
SO ORDERED.