Mound v. United States of America
Filing
19
ORDER granting 15 Motion to Dismiss for Failure to State a Claim; adopting in full 17 Report and Recommendation. A certificate of appealability is denied. Signed by U.S. District Judge Karen E. Schreier on 1/2/18. (DJP)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JAMES CHANDLER MOUND,
4:17-CV-04089-KES
Petitioner,
vs.
UNITED STATES OF AMERICA,
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING CASE
Respondent.
Petitioner, James Chandler Mound, filed a filed a motion under 28
U.S.C. ' 2255 to vacate, set aside, or correct sentence by a person in federal
custody. Docket 1. Respondent moved to dismiss the motion. Docket 15. The
court referred the motion to Magistrate Judge Veronica Duffy. On December
13, 2017, Magistrate Judge Duffy submitted a report and recommended that
Mound’s petition be dismissed with prejudice and respondent’s motions to
dismiss be granted. Docket 17. The time for objections has passed and no
objections to the report and recommendation have been filed under 28 U.S.C.
' 2254, Rule 8(b)(3). The court has considered the case de novo and adopts
the report and recommendation in full. Thus, it is
ORDERED that the magistrate judge=s report and recommendation
(Docket 17) is adopted in full and respondent=s motion to dismiss (Docket 15)
is granted.
IT IS FURTHER ORDERED that based upon the reasons set forth
herein and under Fed. R. App. P. 22(b), the court finds that petitioner has not
made a substantial showing of the denial of a constitutional right. 28 U.S.C.
' 2253(c)(2). Therefore, a certificate of appealability is denied.
DATED this January 2, 2018.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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