Opinion
1:17CV1119 1:15CR376-1
02-19-2020
STEVEN MITCHELL LOWERY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
JUDGMENT
On January 3, 2020, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 42, 43.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED AND ADJUDGED that Respondent's motion to dismiss this action for being filed beyond the one-year limitation period, (Doc. 39), is GRANTED, that Respondent's motion to dismiss, (Doc. 38), is DENIED AS MOOT, that Petitioner's motion to vacate, set aside, or correct sentence, (Doc. 33), is DENIED, and that this action be, and is hereby, dismissed with prejudice. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued.
This the 19th day of February, 2020.
/s/_________
United States District Judge