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United States v. Green

United States District Court, Sixth Circuit

July 1, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JOEY GREEN, Defendant. Civil Action No. 12-7210-DLB-HAI.

ORDER ADOPTING REPORT & RECOMMENDATION

DAVID L. BUNNING, District Judge.

The matter is presently before the Court upon the Magistrate Judge's Recommended Disposition (Doc. # 68), wherein he recommends that Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. # 63) be denied. No objections having been filed and the time to do so having now expired, the Recommended Disposition is ripe for the Court's consideration. Having reviewed the Recommended Disposition, the Court concludes that it is sound in all respects, and agrees that Defendant's Motion should be denied. Accordingly,

IT IS ORDERED as follows:

(1) The Magistrate Judge's Recommended Disposition (Doc. # 68) is hereby ADOPTED as the Findings of Fact and Conclusions of Law of the Court;

(2) Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. # 63) is hereby DENIED;

(3) For the reasons set forth in the Magistrate Judge's Recommended Disposition, 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) This matter is hereby DISMISSED WITH PREJUDICE, and stricken from the Court's docket.


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