Opinion
Case No. 3:06-cr-154 3:13-cv-292
2013-10-18
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS L. MCCAULEY, Defendant.
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE MAGISTRATE JUDGE (Doc. 121); (2) DISMISSING DEFENDANT'S MOTION
TO VACATE (Doc. 119) WITHOUT PREJUDICE; (3) DENYING ANY REQUESTED
CERTIFICATE OF APPEALABILITY; AND (4) CERTIFYING THAT AN APPEAL
WOULD BE OBJECTIVELY FRIVOLOUS
This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 121). The Magistrate Judge recommends that the Motion to Vacate be dismissed without prejudice for lack of jurisdiction. Defendant did not file any objections to the Report and Recommendations and the time for doing so has expired.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered the issues presented de novo. Based on that review, the Court: (1) ADOPTS the Report and Recommendations (Doc. 121) in its entirety; (2) DISMISSES Defendant's Motion to Vacate (Doc. 119) WITHOUT PREJUDICE; (3) DENIES any requested certificate of appealability; and (4) CERTIFIES that that an appeal would be objectively frivolous.
IT IS SO ORDERED.
_____________
Timothy S. Black
United States District Judge