Opinion
CASE NO.: 4:02cr52-SPM.
May 12, 2008
ORDER
THIS CAUSE comes before the court upon the magistrate judge's report and recommendation dated April 2, 2008 (doc. 101). Defendant has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.
Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 101) is ADOPTED and incorporated by reference in this order.
2. Defendant's § 2255 motion (doc. 77) is denied without prejudice to Defendant's opportunity to refile if his state convictions are vacated.
DONE AND ORDERED.