Opinion
Case No.: 5:88-cr-00076-RDP Case No.: 1:92-cr-00143-RDP
11-05-2018
UNITED STATES OF AMERICA, v. MICHAEL R. POSEY, Defendant.
MEMORANDUM OPINION & ORDER
On September 7, 2018, the Magistrate Judge entered a report and recommendation addressing three motions (Docs. 17, 18, 23) filed by the defendant, Michael R. Posey. (Doc. 25). The Magistrate Judge recommended as follows:
The document numbers cited herein refer to Case No. 88-00076. Posey filed the motion docketed in Case No. 88-00076 as Document No. 23 in Case No. 92-00143, as well. The motion is docketed as Document No. 17 in Case No. 92-000143.
Posey's Rule 35 motion (Doc. 17) be DISMISSED AS MOOT or, in the alternative, DENIED; Posey's request for nunc pro tunc designation of the Alabama Department of Corrections as his place of confinement for his federal sentences (Doc. 23 at 5) be DISMISSED AS MOOT or, in the alternative, DISMISSED because the court lacks jurisdiction under 18 U.S.C. § 3582(c) to entertain the request; Posey's request that the court not object to any credit the BOP grants towards his federal sentences for time spent in state custody prior to commencement of those sentences (Doc. 23 at 5) be DISMISSED AS MOOT; and Posey's motion requesting that the court appoint him counsel and review his Rule 35 motion (Doc. 18) be DISMISSED AS MOOT.(Doc. 25 at 12). The Magistrate Judge noted the parties had fourteen (14) calendar days to file any objections to the report and recommendation. (Id. at 12-14). Neither party has objected.
Posey made this motion pursuant to the version of Rule 35 of the Federal Rules of Criminal Procedure in effect prior to November 1, 1987. --------
After consideration of the record in this case, the court ADOPTS the report of the Magistrate Judge and ACCEPTS her recommendations. Accordingly, Posey's Rule 35 motion (Doc. 17) is DISMISSED AS MOOT or, in the alternative, DENIED; (2) Posey's request for nunc pro tunc designation of the Alabama Department of Corrections as his place of confinement for his federal sentences (Doc. 23 at 5) is DISMISSED AS MOOT or, in the alternative, DISMISSED because the court lacks jurisdiction under 18 U.S.C. § 3582(c) to entertain the request; (3) Posey's request that the court not object to any credit the BOP grants towards his federal sentences for time spent in state custody prior to commencement of those sentences (Doc. 23 at 5) is DISMISSED AS MOOT; and (4) Posey's motion requesting that the court appoint him counsel and review his Rule 35 motion (Doc. 18) is DISMISSED AS MOOT.
The Clerk is DIRECTED to mail a copy of this memorandum opinion and order to the defendant.
DONE and ORDERED this November 5, 2018.
/s/_________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE