Opinion
CASE NO. 1:03-cr-00052-MP-GRJ
04-18-2013
UNITED STATES OF AMERICA, v. EARL JEFFERY BARBER, Defendant.
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated February 7, 2013. (Doc. 106). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. The motion to vacate, Doc. 105, is DISMISSED AS UNTIMELY, and no certificate of appealability is appropriate in this case.
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Maurice M. Paul, Senior District Judge