Opinion
1:15CV910 1:11 CR321-1
08-02-2023
MONTE EMMANUEL STRAITE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Loretta C. Biggs 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), (ECF No. 142), and, on July 6, 2023, was served on the parties in this action, (see ECF No. 143). Petitioner filed Objections to the Magistrate Judge's Recommendation. (ECF No. 144.)
The Court has appropriately reviewed the Magistrate Judge's Recommendation and has made a de novo determination in accord with the Magistrate Judge's Recommendation. The Court hereby adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that Petitioner's Rule 59(e) Motion, (ECF No. 138), and his Rule 60(b)(1) Motion, (ECF No. 140), are DENIED.
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 DENIED.