Opinion
Civil Action No. 3:04CV22, Criminal Action No. 3:00-CR-57-25.
December 27, 2005
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated June 3, 2005. The petitioner did not file objections to the Report. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation (Docket # 1094) should be and is hereby ORDERED adopted.
The Court thus ORDERS
1) petitioner's § 2255 motion (Docket # 1026) is DENIED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation;
2) petitioner's motion for entry of default (Docket # 1039) is DENIED WITH PREJUDICE;
3) petitioner's motion for extension of time to file (Docket #1040) is DENIED as MOOT;
4) defendant's motion to continue or in the alternative to stay (Docket # 1045) is DENIED as MOOT; and
4) this action is hereby STRICKEN from the active docket of this Court.
The Clerk is directed to transmit true copies of this Order to the petitioner, counsel of record herein, and the Honorable James E. Seibert.