June 17, 2013
UNITED STATES, Plaintiff,
TROY GARDNER, Defendant.
KAREN K. CALDWELL, District Judge.
This matter is before the court on Magistrate Judge Candace Smith's report and recommendation for disposition of Troy Gardner's pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Neither party has filed objections. Having reviewed the report and recommendation and the record, the court ORDERS:
(1) Gardner's motion for leave to appeal in forma pauperis (R. 152) is DENIED AS MOOT because his appeal was subsequently dismissed by the Sixth Circuit (R. 159);
(2) Judge Smith's report and recommendation (R. 183) is ADOPTED as the opinion of the court;
(3) Gardner's motion to vacate, set aside, or correct his sentence (R. 138) is DENIED AS TIME-BARRED by the applicable statute of limitations for the reasons set forth in the report and recommendation;
(4) The government's motion to dismiss (R. 162) is GRANTED;
(5) A certificate of appealability is DENIED because no jurists of reason would find it debatable whether his motion states a valid claim of the denial of a constitutional right or whether this court was correct in its ruling; and
(6) This matter shall be STRICKEN from the court's active docket.
A separate judgment will issue.