CRIMINAL ACTION NO. 16-36-DLB-HAI CIVIL ACTION NO. 19-98-DLB-HAI
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the January 8, 2020 Report and Recommendation ("R&R") of United States Magistrate Judge Hanly A. Ingram (Doc. # 115), wherein he recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 102) 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, concluding that it is sound in all respects, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 115) 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 pursuant to 28 U.S.C. § 2255 (Doc. # 102) is hereby DENIED;
(3) For the reasons set forth in the Magistrate Judge's R&R (Doc. # 115), 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 12th day of February, 2020.
David L . Bunning
United States District Judge