Opinion
Case No. 10-20679 Civil Case No. 12-12677
10-23-2012
WESLEY T. NASH, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Honorable Thomas L. Ludington
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING
PETITIONER'S MOTION TO VACATE SENTENCE
Petitioner Wesley Nash filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. On October 2, 2012, Magistrate Judge Charles E. Binder issued a report recommending the motion be denied. Judge Binder maintained that no material factual dispute existed to warrant an evidentiary hearing on the issue. Rep. & Rec. 9, ECF No. 38. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 38, is ADOPTED.
It is further ORDERED that Defendants' motion to vacate sentence, ECF No. 34, is DENIED.
_______________________
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail, and on Wesley T. Nash #45338-039, FCI Ray Brook
Inmate mail, P.O. Box 300, Ray Brook, NY 12977 by first class U.S. mail
on October 23, 2012.