Opinion
Case No. 12-20421
06-27-2016
United States of America, Plaintiff/Respondent, v. Marvin Hudgins, Defendant/Movant.
ORDER ADOPTING 5/31/16 REPORT AND RECOMMENDATION
Acting pro se, Plaintiff/Respondent Marvin Hudgins ("Hudgins") filed a Motion under § 2255 to Vacate, Set Aside, or Correct Sentence.
This Court referred the motion to Magistrate Judge David Grant for issuance of a report and recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B). On May 31, 2016, Magistrate Judge Grant issued a "Report and Recommendation To Deny Defendant's Motion Under § 2255 To Vacate, Set Aside, Or Correct Sentence" (Docket Entry No. 77) ("the R&R"), wherein he recommends that "Hudgins' Motion Under § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. #49) be DENIED, and that a certificate of appealability also be DENIED." (R&R at 1-2).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must filed objections to the R&R within fourteen (14) days after being served with a copy of the R&R. "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made." Id.
The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. The Court hereby ADOPTS the May 31, 2016 R&R.
IT IS FURTHER ORDERED that Hudgins's § 2255 Motion is DENIED and that the Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge Dated: June 27, 2016 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 27, 2016, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager