MCGOUGH v. USA

Filing 10

MEMORANDUM ORDER denying 5 Motion to Vacate. No certificate of appealability is issued; 9 Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark the civil matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/25/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,

v.

Case No. 3:09-cr-33-KRG-KAP
:(Case No. 3:11-cv-288-KRG-KAP)

BRENNAN J. McGOUGH,
Movant

MEMORANDUM ORDER
The motion to vacate,

docket no.

183, was referred to

Magistrate Judge Keith A. Pesto for proceedings in accordance with
the Magistrates Act, 28 U.S.C.§ 636(b) (3),

and Local Rule 72 for

Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on September 6, 2012, docket no. 193, recommending that the motion
be denied, that a certificate of appealability be denied, and in
effect that the government's motion to enforce the waiver of post
conviction relief, docket no. 188, be granted.
The parties were notified that pursuant to 28 U.S.C.§
636 (b) (1), they had fourteen days to file written objections to the
Report and Recommendation.

No one has filed timely objections and

the time to do so has expired.
After review of the record of this matter, together with
the

Report

and

Recommendation,

and

noting

the

lack

objections thereto, the following order is entered:

of

timely

AND NOW, this

~~!:y

of September, 2012, it is

ORDERED that the motion to vacate,
denied.

docket no.

No certificate of appealability is issued.

183,

is

The Report and

Recommendation is adopted as the opinion of the Court.

The Clerk

shall mark the civil matter closed.
BY THE COURT:

~t:.~
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE

Notice by ECF to counsel of record and by U.S. Mail to:
Brennan J. McGough, Reg. No. 11301-068
F.C.I. McKean
P.O. Box 8000
Bradford, PA 16701

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