Opinion
1:15-cr-20418
11-30-2022
UNITED STATES OF AMERICA, Plaintiff, v. GEORGE HOWARD MANDOKA, Defendant.
HONORABLE PATRICIA T. MORRIS UNITED STATES MAGISTRATE JUDGE
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING DEFENDANT'S § 2255 MOTION TO VACATE, AND GRANTING GOVERNMENT'S MOTION TO DISMSIS § 2255 PETITION
THOMAS L. LUDINGTON UNITED STATES DISTRICT JUDGE
In June 2016, a jury found Defendant George Howard Mandoka guilty of three counts of aggravated sexual assault, 18 U.S.C. §§ 1151, 1153, 2241(c); two counts of sexual abuse of a minor, 18 U.S.C. §§ 1151, 1153, 2243(a); two counts of abusive sexual contact, 18 U.S.C. §§ 1151, 1153, 2244(a)(2), (5); and one count of sexual abuse, 18 U.S.C. §§ 1151, 1153, 2242(2). Three months later, he was sentenced to five concurrent life sentences, two concurrent 15-year sentences, and one concurrent 3-year sentence. ECF No. 54 at PageID.224.
Defendant appealed, ECF Nos. 55; 56, and the Sixth Circuit affirmed Defendant's convictions, United States v. Mandoka, 869 F.3d 448, 451 (6th Cir. 2017).
Sixty-two months later, Defendant filed a motion to vacate his sentence under 28 U.S.C. § 2255. ECF No. 68. The motion was referred to Magistrate Judge Patricia T. Morris, ECF No. 71, and then the Government filed a motion to dismiss it, ECF No. 73.
October 15, 2022, Judge Morris issued a Report and Recommendation (“R&R”) recommending that this Court dismiss Defendant's Motion to Vacate as untimely and for lack of merit. ECF No. 75. Although the R&R states that Defendant may object to and seek review of the R&R within 14 days of service, he has not filed any objections. He has therefore waived his right to appeal Judge Morris's findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that the Report and Recommendation, ECF No. 75, is ADOPTED, that Defendant's Motion to Vacate, ECF No. 68 is DENIED, and that the Government's Motion to Dismiss, ECF No. 73, is GRANTED.