Opinion
20-80291-CV-MIDDLEBROOKS/Matthewman 17-80013-CR-MIDDLEBROOKS
03-17-2022
DONALD WILLEMS, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE
Donald M. Middlebrooks United States District Judge.
THIS CAUSE comes before the Court on Magistrate Judge William Matthewman's Report and Recommendation (“Report”), issued on December 22, 2021. (DE 40). The Report recommends denying Movant Donald Willems's Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. §2255. Movant filed objections (DE 48), to which the government responded (DE 49).
I have conducted a de novo review of Judge Matthewman's Report, the record in this case, and I have considered the applicable law. I have also considered Movant's objections, and I find that they lack merit. Accordingly, I agree with Judge Matthewman's recommendations and adopt his Report. Further, I find that Movant cannot make “a substantial showing of the denial of a constitutional right” sufficient to support the issuance of a Certificate of Appealability. See 28 U.S.C. § 2253.
Accordingly, it is ORDERED AND ADJUDGED that:
(1) The Report (DE 40) is ADOPTED.
(2) Movant's Objections (DE 48) are OVERRULED.
(3) Movant's Motion to Vacate pursuant to 28 U.S.C. § 2255 (DE 1) is DENIED.
(4) No certificate of appealability shall issue.
(5) Final Judgment shall be entered by separate Order.