Opinion
CRIMINAL NO. 2:16-CR-165-DBH
03-01-2021
UNITED STATES OF AMERICA, v. DAVID MILLER, DEFENDANT/PETITIONER
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
On January 29, 2021, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on 28 U.S.C. § 2255 Motion. The petitioner filed an objection to the Recommended Decision on February 12, 2021. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The motion for habeas relief under 28 U.S.C. § 2255 is DENIED without an evidentiary hearing. I DENY the issuance of a certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2255 Cases without prejudice to the defendant timely filing a motion, with specific grounds therefor, supporting the issuance of such a certificate.
SO ORDERED.
DATED THIS 1ST DAY OF MARCH, 2021
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE