Opinion
Case No. 3:10-cr-6-KRG-KAP Case No. 3:11-cv-273-KRG-KAP
10-12-2012
UNITED STATES OF AMERICA, v. LEON SZEWCZYK, Movant
MEMORANDUM ORDER
The motion to vacate, docket no. 59, was referred to Magistrate Judge Keith A. Pesto for proceedings in accordance with the Magistrates Act, 28 U.S.C.§ 636(b)(3), and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on September 21, 2012, docket no. 66, recommending that the motion to vacate be denied, that a certificate of appealability be denied, and that the government's motion to enforce the waiver of post conviction relief, docket no. 64, be granted.
The parties were notified that pursuant to 28 U.S.C.§ 636(b) (1), they had fourteen days to file written objections to the Report and Recommendation. No one has filed timely objections and the time to do so has expired.
After review of the record of this matter, together with the Report and Recommendation, and noting the lack of timely objections thereto, the following order is entered:
AND NOW, this 12th day of October, 2012, it is
ORDERED that the motion to vacate, docket no. 59, is denied; the motion to enforce post conviction relief waiver, docket no. 64, is granted. No certificate of appealability is issued. The Report and Recommendation, docket no. 66, is adopted as the opinion of the Court. The Clerk shall mark the civil matter closed.
BY THE COURT:
____________________
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Leon Szewczyk, Reg. No. 31502-068
F.C.I. Yazoo City, Low
P.O. Box 5000
Yazoo City, MS 39194