Opinion
CRIMINAL NO. 2:13-CR-79-DBH-01
06-26-2018
UNITED STATES OF AMERICA, v. MARKEVIN FAUCETTE, DEFENDANT/PETITIONER
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
On May 31, 2018, 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 June 14, 2018, 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. The petition for habeas relief under 28 U.S.C. § 2255 is DENIED. No certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2255 Cases shall issue 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 26TH DAY OF JUNE, 2018
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE