Keating v. United States Of America

Filing 15

ORDER ADOPTING 13 Report and Recommendations of the Magistrate Judge. The Government's 11 Motion to Dismiss is GRANTED. The Court DISMISSES Keating's Motion to Vacate, Set Aside, or Correct his Sentence, filed pursuant to 28 U.S.C.
67; 2255. The Clerk is DIRECTED to CLOSE this case and to enter the appropriate judgment of dismissal. Additionally, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Keating is DENIED a Certificate of Appealability and DENIED in forma pauperis status on appeal. Signed by Chief Judge Lisa G. Wood on 12/9/2015. (ca)

3ht the Entteb Otafto Jitrftt Court
for the boutbern laftitn'tt Of 4eorgia
3lkunMuitk AtNoton
STEPHEN A. KEATING,
Petitioner,

*

*
*

*

CIVIL ACTION NO.: 2:14-cv-182

*

V.

*

UNITED STATES OF AMERICA,
Respondent.

*

*
*

(Case No. 2:12-cr-23)

ORDER

Presently before the Court are Movant Stephen Keating's
("Keating") Objections to the Magistrate Judge's Report and
Recommendation dated September 16, 2015. Dkt. No. 13. In his
Objections, Keating fails to set forth any assertion that he
meets the statute of limitations period applicable to the filing
of 28 U.S.C. § 2255 motions, which is found at 28 U.S.C.
§ 2255(f). Specifically, Keating does not adequately respond
to the Magistrate Judge's finding that he did not file his
Section 2255 Motion within one year of the finality of this
Court's judgment, 28 U.S.C. § 2255(f)(1). Nor does Keating set
forth any reason for entitlement to the periods of limitation
set forth by 28 U.S.C. §§ 2255(f) (2), (3), and (4)

Consequently, Keating's Objections are OVERRULED. The
Court CONCURS with and ADOPTS the Magistrate Judge's Report and
Recommendation as the opinion of the Court. The Government's
Motion to Dismiss, dkt. no. 11, is GRANTED. The Court DISMISSES
Keating's Motion to Vacate, Set Aside, or Correct his Sentence,
filed pursuant to 28 U.S.C. § 2255. Dkt. No. 1. The Clerk of
Court is DIRECTED to CLOSE this case and to enter the
appropriate judgment of dismissal. Additionally, for the
reasons set forth in the Magistrate Judge's Report and
Recommendation, Keating is DENIED a Certificaof Appealability
and DENIED in forma pauperis status on
SO ORDERED, this _

;;:'g,/

GODEEY WOOB.,CHF JUDGE
D STATES DISTRICT COURT
ERN DISTRICT OF GEORGIA

2

, 2015.