Opinion
CIVIL ACTION 09-0750-WS-M, CRIMINAL ACTION 08-00152-WS-M.
October 13, 2011
ORDER
After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court.
It is ORDERED that Petitioner's Motion to Vacate (Doc. 43) be DENIED and that this action be DISMISSED. It is further ORDERED that Petitioner is not entitled to a certificate of appealability and, therefore, not entitled to appeal in forma pauperis.