Lee v. United States of America

Filing 15

ORDER ADOPTING 11 Report and Recommendations of the Magistrate Judge as the opinion of the Court and OVERRULES Lee's Objections. The Court DISMISSES WITHOUT PREJUDICE Lee's Motion to Vacate, Set Aside, or Correct his Sentence, DENIES Lee a certificate of appealability, and DENIES Lee leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 5/25/2017. (ca)

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FILED
Scott L. Poff, Clerk
United States District Court

By casbell at 8:30 am, May 26, 2017

GREGORY BERNARD LEE,
CV 216-93

Movant,

OR 214-28
V.

UNITED STATES OF AMERICA,

Respondent.

ORDER

After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's April 3, 2017,

Report and Recommendation, dkt. no. 11, to which Gregory Bernard
Lee (""Lee") filed Objections.

Dkt. No. 12.

Accordingly, the

Court ADOPTS the Magistrate Judge's Report and Recommendation as

the opinion of the Court and OVERRULES Lee's Objections.^
The Court DISMISSES WITHOUT PREJUDICE Lee's Motion to

Vacate, Set Aside, or Correct his Sentence, brought pursuant to
28 U.S.C. § 2255, DENIES Lee a certificate of appealability, and

^

Lee's Objections are entirely unresponsive to the Magistrate Judge's

Report and Recommendation. Lee does not dispute that he failed to
respond to Respondent's Motion to Dismiss, and he still has not filed
a response to that Motion as ordered by the Court. Nor does Lee
provide any reason for his failure to follow the Court's directive and
failure to prosecute. Instead, Lee simply states that that he is
"actually innocent" and that the Court should decide his case on the
merits.

A0 72A

(Rev. 8/82)

Dkt. No. 12.

DENIES Lee leave to proceed in forma pauperis on appeal. The
Court DIRECTS the Cleric of Court to enter the appropriate

judgment of dismissal and to CLOSE this case.
SO ORDERED, this

day of

, 2017

HON. LISA GODBEY WOOD, JUDGE

UNffTEf) STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A

(Rev. 8/82)