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UNITED STATES OF AMERICA, Plaintiff v. JOHN WAYNE MYERS, Defendant

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

GENE CARTER, District Judge

The United States Magistrate Judge filed with the Court on November 25, 2003, with copies to the pro se Defendant and to counsel, her Recommended Decision on 28 U.S.C. § 2255 Motion in the above-entitled matter (Docket Item No. 44). The time for filing objections thereto was extended, on motion of the Defendant, to December 30, 2003 (Docket Item No. 46). The time for the filing of objections has expired without any objections having been filed; see 28 U.S.C. § 636(b)(1). This Court has reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record, and has made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision. This Court concurs with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision and, having determined that no further proceeding is necessary, ORDERS as follows:

(1) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED;
(2) Defendant's 28 U.S.C. § 2255 Motion is hereby DENIED without an evidentiary hearing.

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U.S. v. MYERS
(Jan 5, 2004)