Opinion
Case No: 3:99cr3/RV, No. 3:05cv164/RV/MD.
October 25, 2005
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 15, 2005. The defendant previously has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and all objections thereto timely filed by the parties, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The defendant's § 2255 motion is dismissed without prejudice due to his failure to prosecute or comply with an order of the court.
DONE AND ORDERED.