Parker v. United States of America

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is the Magistrate Judge's Report And Recommendation (Docket No. 27 ) recommending that the Court grant the Respondent's Motion To Dismiss (Docket No. 14 ); deny the Pet itioner's Motion To Vacate (Docket No. 1); and deny the issuance of a certificate of appealability as to Petitioner's claims. The Petitioner has filed Objections (Docket No. 30) to the Report and Recommendation, and the Respondent has fi led a Reply (Docket No. 31). The Court has independently reviewed the Magistrate Judge's determinations, the Petitioner's objections, the Respondents reply, and the entire record. The Defendant's objections are without merit an d overruled. The Report and Recommendation is ADOPTED and APPROVED in its entirety. Accordingly, Respondent's Motion To Dismiss (Docket No. 14) is GRANTED, and the Petitioner's Motion To Vacate (Docket No. 1) is DENIED and this case is DISMISSED. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 6/3/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MICHAEL DONNELL PARKER v. UNITED STATES OF AMERICA ) ) ) ) ) No. 3:12-0661 JUDGE CAMPBELL ORDER Pending before the Court is the Magistrate Judge’s Report And Recommendation (Docket No. 27) recommending that the Court grant the Respondent’s Motion To Dismiss (Docket No. 14); deny the Petitioner’s Motion To Vacate (Docket No. 1); and deny the issuance of a certificate of appealability as to Petitioner’s claims. The Petitioner has filed Objections (Docket No. 30) to the Report and Recommendation, and the Respondent has filed a Reply (Docket No. 31). The Court has independently reviewed the Magistrate Judge's determinations, the Petitioner’s objections, the Respondent’s reply, and the entire record. The Defendant’s objections are without merit and overruled. The Report and Recommendation is ADOPTED and APPROVED in its entirety. Accordingly, Respondent’s Motion To Dismiss (Docket No. 14) is GRANTED, and the Petitioner’s Motion To Vacate (Docket No. 1) is DENIED and this case is DISMISSED. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. Should the Petitioner give timely notice of an appeal from this Order, such notice shall be treated as a application for a certificate of appealability, 28 U.S.C. 2253(c), which will not issue because the Petitioner has failed to make a substantial showing of the denial of a constitutional right. Castro v. United States, 310 F.3d 900 (6th Cir. 2002). It is so ORDERED. _______________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?