D. BROCK HORNBY UNITED STATES DISTRICT JUDGE
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
On September 30, 2015, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on 28 U.S.C. § 2255 Motion. The time within which to file objections expired on October 19, 2015, and no objection has been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. An evidentiary hearing is not warranted under Rule 8 of the Rules Governing Section 2255 Cases, and the petitioner's motion for habeas relief under 28 U.S.C. § 2255 is DENIED. I also DENY a certificate of appealability under Rule 11 of the Rules Governing Section 2255 Cases because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).
SO ORDERED.
DATED THIS 2ND DAY OF NOVEMBER, 2015
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE