Opinion
1:13-cr-384-1 1:20-cv-453
08-23-2023
DERWAYNE WESLEY SHARP, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
On August 2, 2023, the United States Magistrate Judge's Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 41, 42.) 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 that the Magistrate Judge's Recommendation, (Doc. 41), is ADOPTED. IT IS FURTHER ORDERED that Petitioner's Section 2255 Motion, (Doc. 26), is DISMISSED.
IT IS FURTHER ORDERED that Respondent's Motion to Dismiss Motion to Vacate, Set Aside, or Correct Sentence, (Doc. 39), is DENIED AS MOOT. The court further finds there is no substantial showing of the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, therefore a certificate of appealability is not issued.
A Judgment dismissing this action will be entered contemporaneously with this Order.