Opinion
Case No. 3:16-cr-127 Also 3:19-cv-369
12-18-2019
UNITED STATES OF AMERICA, Plaintiff, v. DONALD MAY, Defendant.
Magistrate Judge Michael R. Merz
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 41), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that Defendant's § 2255 motion be dismissed with prejudice. Defendant is DENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.
DONE and ORDERED in Dayton, Ohio, this 18th day of December, 2019.
*s/Thomas M. Rose
Thomas M. Rose
United States District Judge