Opinion
Criminal Case No. 14-cr-20500 Civil Action No. 16-cv-12213
11-27-2018
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. JAMES FREDRICK DUBOSE, Defendant/Petitioner.
R. Steven Whalen United States Magistrate Judge ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT/PETITIONER'S MOTION BROUGHT PURSUANT TO 28 U.S.C. §2255
On August 15, 2018, Magistrate Judge R. Steven Whalen issued a Report & Recommendation (ECF #53.) in which he recommended that the Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. §2255 (ECF #39.) be DENIED.
In the Report and Recommendation, the parties were advised that any objections must be filed within fourteen days of service of a copy as provided for in 28 U.S.C. 636(b)(1) and E.D. Mich. LR 72.1(d)(2) and that failure to file specific objections constitutes a waiver of any further right of appeal. On September 4, 2018, Defendant/Movant filed a Motion to Extend Time to File Objections to the Report and Recommendation by thirty days. (ECF #54.) On September 19, 2018, the Court issued an Order granting this motion saying, "Objections are due thirty days from receipt of this order." (ECF #55.) The Court's order was mailed to Defendant/Movant on that date. It is now over sixty days since the order was mailed to Defendant/Movant.
There having been no timely objections filed, the Court
(1) ACCEPTS the magistrate judge's Report and Recommendation (ECF #53.);
(2) DENIES Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. §2255 (ECF #39)
SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE Dated: November 27, 2018
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on November 27, 2018.
s/Deborah Tofil
Case Manager