From Casetext: Smarter Legal Research

U.S. v. Durham

United States District Court, D. Vermont
Jun 17, 2010
File No. 2:06 CR 131 (D. Vt. Jun. 17, 2010)

Opinion

File No. 2:06 CR 131.

June 17, 2010


ORDER


The Report and Recommendation of the United States Magistrate Judge was filed April 21, 2010. Defendant's objections were filed June 9, 2010.

After careful review of the file and the Magistrate Judge's Report and Recommendation, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report.

A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id.

The motion to vacate, set aside, or correct a sentence (Doc. 72) and Amended Petition (Doc. 75) both filed pursuant to 28 U.S.C. § 2255 are DENIED.

Pursuant to Fed.R.App.P. 22(b), a certificate of appealability is DENIED because the petitioner has failed to make a substantial showing of denial of a federal right. Furthermore, the petitioner's grounds for relief do not present issues which are debatable among jurists of reasons, which could have been resolved differently, or which deserve further proceedings. See e.g., Flieger v. Delo, 16 F.3rd 878, 882-83 (8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v. Collins, 986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S. 933 (1993).

Furthermore, it is certified that any appeal taken in forma pauperis would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3).

THIS CASE IS CLOSED.


Summaries of

U.S. v. Durham

United States District Court, D. Vermont
Jun 17, 2010
File No. 2:06 CR 131 (D. Vt. Jun. 17, 2010)
Case details for

U.S. v. Durham

Case Details

Full title:UNITED STATES OF AMERICA, v. SPENCER DURHAM

Court:United States District Court, D. Vermont

Date published: Jun 17, 2010

Citations

File No. 2:06 CR 131 (D. Vt. Jun. 17, 2010)