Citation Codes Equivalent Citations citation codes Docket Number 1:04CV01018, 1:00CR64-1. Motions Motion to vacate : Denied Motion to dismiss : Granted Judges Frank William Bullock Acts Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. MICHAEL ANTHONY CARTER, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ORDER FRANK BULLOCK, District Judge The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U S C § 636(b) and, on June 3, 2005, was served on the parties in this action. Petitioner objected to the Recommendation. The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's recommendation. IT IS THEREFORE ORDERED that Respondent's motion to dismiss this action for being filed beyond the one-year limitation period [Pleading No 87] be GRANTED, that Petitioner's motion to vacate, set aside or correct sentence [Pleading No 85] be DENIED, and that this action be dismissed with prejudice. A judgment dismissing this action will be entered contemporaneously with this Order Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued.