Opinion
Case No. 1:06-CR-31-002 (WLS), Case No.: 1:10-CV-90082 (WLS), 28 U.S.C. § 2255.
January 19, 2011
ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed December 17, 2010. (Doc. 236). It is recommended that Petitioner's Motion to Vacate, Set Aside, or Correct Her Sentence, which is Petitioner's second challenge to her original sentence, filed pursuant to 28 U.S.C. § 2255 (hereinafter "§ 2255 Motion") ( see Doc. 219), be dismissed for failure to obtain proper authorization from a court of appeals to file her successive § 2255 Motion in this Court. (Doc. 236 at 2-3).
The Report and Recommendation provided the Parties with fourteen (14) days from the date of its service to file written objections to the recommendations therein. ( Id.). The period for filing objections expired on Monday, January 3, 2011; no objections have been filed to date. ( See Docket).
The Parties were given an additional three days because service was made by mail. See Fed.R.Civ.P. 6(d) (adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by mailing process to a party's last known address).
Upon full review and consideration of the record, the Court finds that said Report and Recommendation (Doc. 236) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Plaintiff's Motion to Vacate, Set Aside, or Correct Her Sentence, filed pursuant to 28 U.S.C. § 2255 ( see Doc. 219) is DISMISSED. SO ORDERED, this 19th day of January 2011.