Bostic v. UNITED STATES OF AMERICA

Filing 5

ORDER ADOPTING the 2 Report and Recommendations dismissing the 2255 petition. The Clerk of Court is directed to file Petitioner's Motion to Appeal (Doc. 1 at 5) as a notice of appeal in his criminal case, 4:13-cr-007. Signed by Judge William T. Moore, Jr on 6/1/15. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

FLED
U.S. 11STR1CT COURT

JUN —I

zo 15

MICHAEL LAVON BOSTIC,

So . 01C T F GA

Petitioner,
CASE NO. CV415-107

V.

UNITED STATES OF AMERICA,
Respondent.
ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 2), to which objections have been
filed (Doc. 4) * After a careful de nova review of the
record, the Court concludes that Petitioner's objections
are without merit. This case presents no extraordinary
circumstances to warrant entertaining a habeas petit:-on
prior to the conclusion of Petitioner's direct appeal. See
United States v. Casaran-Rivas, 311 F. App'x 269, 273 (11th
Cir. 2009) . Accordingly, the report and recommendation is
ADOPTED as the Court's opinion in this case. As a result,

Petitioner's 28 U.S.C. § 2255 Petition is DISMISSED.
The Clerk of Court is DIRECTED to file Petitioner's
Motion to Appeal (Doc. 1 at 5) as a notice of appeal in his
criminal case, 4:13-cr-007. The effective filing date of
the notice shall be the date he filed the motion in this

case, April 27, 2015. Additionally, the Clerk of Court is
DIRECTED to notify counsel in Petitioner's criminal case
that a notice of appeal has been filed on Petitione:'s
behalf and provide counsel with a copy of this order.
Counsel is reminded of his continuing obligation to
represent Petitioner during the pendency of any appeal in
Petitioner's criminal case until and unless relieved by
order of the Eleventh Circuit Court of Appeals. The Clerk
of Court is DIRECTED to close this case.
J sr-

SO ORDERED this f

day of June 2015.

WILLIAM T. MOORE, JR
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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