PROPHET v. USA

Filing 3

MEMORANDUM ORDER - it is Ordered that movant's Motion to Vacate is denied without a certificate of appealability. The Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this civil matter closed. Signed by Judge Kim R. Gibson on 11/27/2018. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA,
Case No. 3:07-cr-25-KRG-KAP
: (Case No. 3:17-cv-198-KRG-KAP)

V.

MAXIMUS PROPHET,
Movant

Memorandum Order
Movant's prose motion to vacate under 28 U.S.C.§ 2255,
ECF no.

71, was referred to Magistrate Judge Keith A.

Pesto for

proceedings in accordance with the Magistrates Act, 28 U.S.C.§ 636,
and Local Civil Rule 72.
The Magistrate Judge filed a Report and Recommendation
on January 18, 2018, ECF no. 79, recommending that the motion be
denied.
The parties were notified at their last address that
pursuant to 28 U.S.C.§ 636(b) (1)

they had fourteen days to file

written objections to the Report and Recommendation. Movant filed
timely objections at ECF no. 81 that are meritless.
After de novo review of the record of this matter, the
Report and Recommendation, and the timely objections thereto, the
following order is entered:

AND NOW, this

27+'1
day

of November, 2018, it is

ORDERED that movant's motion to vacate, ECF no. 71, is
denied without a

certificate of appealability.

Recommendation at ECF no.
Court.

79

The Report and

is adopted as the opinion of the

The Clerk shall mark the civil matter closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Maximus Prophet Reg. No. 11231-068
F.C.I. Loretto
P.O. Box 1000
Loretto, PA 15940

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