Opinion
1:15CV910 1:11 CR321-1
09-21-2022
MONTE EMMANUEL STRAITE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
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. #126] and, on March 28, 2022, was served on the parties in this action [Doc. #127]. Petitioner filed Objections to the Magistrate Judge's Recommendation within the time limits prescribed by 28 U.S.C. § 636. [Doc. #135.]
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 Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence [Doc. #78], the Supplemental Section 2255 Motion [Doc. #89], and the Local Rule 7.3(k) Motion [Doc. #109] are denied, the Supplement Motion [Doc. #88] is denied as moot, the Amendment Motion [Doc. #108] is denied as futile, and that this action is dismissed with prejudice. 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.
A Judgment dismissing this action will be entered contemporaneously with this Order.