Opinion
Case No. 2:17-cr-093 Also 2:19-cv-3086
02-28-2020
Magistrate Judge Michael R. Merz
OPINION AND ORDER
This case is before the Court on Defendant's Motion to Vacate under 28 U.S.C. § 2255 (ECF No. 32). The Magistrate Judge filed a Report and Recommendations on January 28, 2020, recommending that the Motion be dismissed with prejudice (ECF No. 36). In the Report Defendant was advised that he had seventeen days or until February 14, 2020, to file any objections, but he has not done so.
Accordingly, the Report is adopted and the Motion to Vacate is dismissed with prejudice. Pursuant to Fed.R.Civ.P. 58, the Clerk will enter a separate judgment to that effect. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. February 28, 2020.
/s/_________
Algenon L. Marbley, Chief Judge