Opinion
1:14CR414-1 1:14 CR194- 1:20CV965
01-12-2022
DONALD RAY MORGAN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Thomas D. Schroeder, United States District Judge.
The Order and Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on November 10, 2021, was served on the parties in this action. Petitioner filed an objection to the Recommendation. (Doc. 50 in case 1:14CR194; Doc. 40 in case 1:14CR414.)
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, which is in accord with the Magistrate Judge's report. Petitioner's objections are without merit and, beyond that, any effort to amend the section 2255 motion to add a new ground for relief is denied as futile because it is both time-barred and meritless. The court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the Government's motion to dismiss (Doc. 41 in case 1:14CR00194-1; Doc. 31 in case 1:14CR00414-1) are GRANTED and that Petitioner's motion (Doc. 33 in case 1:14CR00194-1; Doc. 23 in case 1:14CR00414-1) to vacate, set aside, or correct sentence be DISMISSED. A judgment dismissing this action will be entered contemporaneously with this Order.
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 not issued.