Opinion
CASE NO.: 1:10cr8-MCR/GRJ
04-24-2013
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN THOMAS SMITH, Defendant.
ORDER
This cause comes before the court upon magistrate judge's report and recommendation (doc. 72) dated October 30, 2012. The parties have been furnished a copy of the Order and Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections timely filed, I have determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Order and Report and Recommendation (doc. 72) is adopted and incorporated by reference in this order.
2. Defendant's motion to vacate (doc. 31) is denied.
3. The certificate of appealability (doc. 74) is denied.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE