United States v. Blackwell

David L. Bunning United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the November 16, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 571), wherein she recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence as amended and pursuant to 28 U.S.C. § 2255 (Docs. # 525 and 541) be denied.

No objections having been filed, and the time to do so having now expired, the R&R is ripe for the Court's consideration. The Court having reviewed the R&R, and being otherwise sufficiently advised,

IT IS ORDERED as follows:

(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 571) is hereby adopted as the findings of fact and conclusions of law of the Court;

(2) The Defendant's Motion to Vacate, Set Aside or Correct Sentence as amended and pursuant to 28 U.S.C. § 2255 (Docs. # 525 and 541) is hereby denied;

(3) For the reasons set forth in the Magistrate Judge's R&R (Doc. # 571), the court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue; and

(4) A separate Judgment will be filed concurrently herewith.

This 3rd day of December, 2018.

Signed By:

David L
. Bunning

United States District Judge