Opinion
2:16-cr-00075-JDL-1 2:18-cv-00191-JDL
01-04-2019
XAVIER WATSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
United States Magistrate Judge John C. Nivison, filed a Recommended Decision (ECF No. 283) on Xavier Watson's 28 U.S.C.A. § 2255 Petition (ECF No. 276) which was amended by an Amended Recommended Decision (ECF No. 285) on October 30, 2018, both pursuant to 28 U.S.C.A. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Xavier Watson has filed Objections.
Watson also filed a Motion for Leave to Buttress his Objection (ECF No. 291) on November 29, 2018, which I have granted. --------
I have reviewed and considered the Amended Recommended Decision, together with the entire record, including Watson's objection, amended objection, and buttressed objection, and have made a de novo determination of all matters adjudicated by the Amended Recommended Decision. I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Amended Recommended Decision and determine that no further proceeding is necessary.
It is therefore ORDERED that the Amended Recommended Decision of the Magistrate Judge (ECF Nos 285) is hereby ACCEPTED, and Watson's § 2255 Petition (ECF No. 276) is DISMISSED. It is further ORDERED that no certificate of appealability should issue in the event Watson files a notice of appeal because there has been no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C.A. § 2253(c)(2).
SO ORDERED.
Dated this 4th day of January, 2019.
/s/ JON D. LEVY
CHIEF U.S. DISTRICT JUDGE