Opinion
CRIMINAL NO. 2:02-CR-31-DBH
11-01-2011
UNITED STATES OF AMERICA v. KEVIN RICHARD HALL, DEFENDANT
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On September 27, 2011, the United States Magistrate Judge filed with the court, with copies to the parties, her Recommended Decision on 28 U.S.C. § 2255 Motion. The defendant filed his objection to the Recommended Decision on October 11, 2011. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The government's motion for summary dismissal of the 28 U.S.C. § 2255 motion is GRANTED. A certificate of appealability shall not issue in the event the defendant files a notice of appeal because there is no substantial showing of the denial of a constitutional right as contemplated by 28 U.S.C. § 2252(c)(2).
SO ORDERED.
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE