CRIMINAL ACTION NO.: 3:11-cr-00100-BAJ-SCR
RULING AND ORDER
Before the Court is Petitioner's MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (Doc. 30), as amended by Petitioner's supplemental supporting memorandum, (Doc. 41). The Magistrate Judge has issued a REPORT (Doc. 43) recommending that Petitioner's motion be denied, (id. at p. 11). Petitioner filed timely objections to the Magistrate Judge's Report. (Doc. 44).
Having independently considered Petitioner's § 2255 Motion (Doc. 30) and related filings—including Petitioner's supplemental supporting memorandum and objections—the Court APPROVES the Magistrate Judge's REPORT (Doc. 43), and ADOPTS it as the Court's opinion herein.
IT IS ORDERED that Petitioner's § 2255 Motion (Doc. 30) is DENIED for the reasons explained in the Magistrate Judge's Report (Doc. 43).
IT IS FURTHER ORDERED that Petitioner's request "that an evidentiary hearing take place to address the additional issues argued within Mr. Hoover['s] habeas motion" (Doc. 44 at p. 1) is DENIED because "the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255(b).
IT IS FURTHER ORDERED that Petitioner's request for a certificate of appealability (Doc. 44 at p. 1) is DENIED because Petitioner has failed to "ma[ke] a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
Baton Rouge, Louisiana, this 6th day of January, 2014.
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA