Opinion
1:19CV966 1:16 CR423-1
10-17-2022
ORDER
N. CARLTON TILLEY, JR. SENIOR UNITED STATES DISTRICT JUDGE
The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. § 636(b) [Doc. #88] and, on September 14, 2022, was served on the parties in this action [Doc. #89]. Petitioner timely filed Objections to the Magistrate Judge's Recommendation. [Doc. #90.]
The Court has appropriately reviewed the portions of the Magistrate Judge's Recommendation to which objection is made and has made a de novo determination in accord with the Magistrate Judge's report. The Court therefore adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the Motion to Dismiss [Doc. #80] is GRANTED and that the Section 2255 Motion [Doc. #72] is DISMISSED. 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.
A Judgment dismissing this action will be entered contemporaneously with this Order.