Opinion
CRIMINAL ACTION NO. 16-10-DLB-CJS-1 CIVIL ACTION NO. 18-122-DLB-CJS
10-02-2020
UNITED STATES OF AMERICA PLAINTIFF v. TRAVIS RAYSHAWN CLARK DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the August 31, 2020 Report and Recommendation ("R&R") of United States Magistrate Judge Candance J. Smith (Doc. # 171), wherein she recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 126) be denied.
No objections having been filed, and the extended time to do so having now expired, (Doc. # 171), the R&R is ripe for the Court's consideration. The Court having reviewed the R&R, concluding that it is sound in all respects, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 171) is hereby ADOPTED as the findings of fact and conclusions of law of the Court;
(2) The Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 126) is hereby DENIED;
(3) The Defendant's Motion for Leave to File Amended § 2255 Motion (Doc. # 136) is DENIED;
(4) For the reasons set forth in the Magistrate Judge's R&R (Doc. # 171), the Court determines there would be no arguable merit for an appeal in this matter and, therefore, NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; and
(5) A separate Judgment will be filed concurrently herewith.
This 2nd day of October, 2020.
Signed By:
David L . Bunning
United States District Judge