Opinion
1:17CR382 1:19CV780
07-12-2022
DAVID ANDRE JOY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Thomas D. Schroeder United States District Judge.
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on June 8, 2022, was served on the parties in this action. (Docs. 75, 76.) Petitioner objected to the Recommendation. (Doc. 77.)
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the Section 2255 motion (Doc. 48) is DENIED.
Finding neither a substantial issue for appeal concerning the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, a certificate of appealability is DENIED.
Insofar as Petitioner has attempted to raise new claims via the objections, “the court need not consider new arguments raised by a party for the first time in objections to a magistrate[ judge]'s recommendation,” Bernal v. United States, No. 1:14CR23-2, 2020 WL 6156773, at *2 (M.D. N.C. Oct. 21, 2020) (unpublished); see also Coleman v. Colvin, No. 1:15CV751, 2016 WL 5372817, at *1 (M.D. N.C. Sept. 26, 2016) (unpublished) (“[I]ssues . . . raised for the first time in objections to the magistrate judge's recommendation[] are deemed waived.” (quoting Deaver v. Colvin, No. 5:13CV5776, 2014 WL 4639888, at *7 (S.D. W.Va. Sept. 16, 2014) (unpublished))).