Opinion
Case No. 1:94cr1055-MW/GRJ
09-28-2017
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Amended Report and Recommendation. ECF No. 83. Upon consideration, no objections having been filed by the parties,
IT IS ORDERED:
The amended report and recommendation is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, "Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, ECF No. 80, is DISMISSED as untimely. A certificate of appealability is DENIED." The Magistrate Judge's prior Report and Recommendation, ECF No. 82, shall be terminated by the Clerk inasmuch as an amended report and recommendation was substituted for the original report. The Clerk shall close the file.
SO ORDERED on September 28, 2017.
s/ Mark E. Walker
United States District Judge