Opinion
1: 20-cr-279-1 1:23-cv-615
08-28-2023
DESMOND JERMAINE WHISONANT, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
On August 2, 2023, the United States Magistrate Judge's Order and Recommendation ("Recommendation") was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 50, 51.) No objections were filed within the time limits prescribed by Section 636.
On August 17, 2023, Petitioner filed a corrected motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence, which is now proceeding as Whisonant v. United States, 1:20-cr-279-l; l:23-cv-700. (See Doc. 52.}
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 50}, is ADOPTED. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE to Petitioner promptly filing a corrected motion on the proper § 2255 forms.
A Judgment dismissing this action will be entered contemporaneously with this Order.