Opinion
CRIMINAL ACTION NO. 06-39-DLB-CJS-1
07-15-2015
UNITED STATES OF AMERICA PLAINTIFF v. DANIEL RELIFORD DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
************************
This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 85), wherein she recommends that Defendant Daniel Reliford's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (Doc. # 85) be transferred to the Sixth Circuit Court of Appeals. No objections having been filed and the time to do so having now expired, the R&R is ripe for the Court's consideration. Having reviewed the R&R, the Court concludes that it is sound in all respects, and agrees that Defendant's Motion should be transferred. Accordinlgy,
IT IS ORDERED as follows:
(1) Defendant's Motion (Doc. # 85) be, and is, hereby transferred to the Sixth Circuit Court of Appeals pursuant to 28 U.S.C. § 1631, for a determination of whether Defendant will be granted authorization to file a second or successive § 2255 motion; and
(2) This action is hereby stricken from the Court's active docket.
This 15th day of July, 2015.
Signed By:
David L . Bunning
United States District Judge
G:\DATA\ORDERS\Covington Criminal\2006\06-39-1 Order Adopting R&R re 2255.wpd