Murdock v. United States of America

Filing 2

ORDER ADOPTING REPORT AND RECOMMENDATION denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Seth Murdock. Signed by Judge William K. Sessions III on 3/3/2014. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
UNITED STATES OF AMERICA,
v.
SETH MURDOCK

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: Case No. 2:11 CR 105-1
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ORDER

The Report and Recommendation of the United States
Magistrate Judge was filed January 28, 2014.

Defendant’s

objection was filed February 11, 2014.
A district judge must make a de novo determination of
those portions of a magistrate judge's report and
recommendation to which an objection is made.

Fed. R. Civ.

P. 72(b); 28 U.S.C. § 636(b) (1); Perez-Rubio v. Wyckoff, 718
F.Supp. 217, 227 (S.D.N.Y. 1989).

The district judge may

"accept, reject, or modify, in whole or in part, the
magistrate's proposed findings and recommendations."

Id.

After careful review of the file, the Magistrate Judge's
Report and Recommendation and the objections, this
Court ADOPTS the Magistrate Judge's recommendations in full.
The motion to vacate, set aside or correct his sentence
(Doc. 92)is DENIED and the Motion for Summary Judgment (Doc.
93) is also DENIED.
Pursuant to Fed. R. App. P. 22(b), a certificate of
appealability is DENIED because the petitioner has failed to

make a substantial showing of denial of a federal right.
Furthermore, the petitioner’s grounds for relief do not
present issues which are debatable among jurists of reasons,
which could have been resolved differently, or which deserve
further proceedings.

See e.g., Flieger v. Delo, 16 F.3rd

878, 882-83 (8th Cir.) cert. denied, 513 U.S. 946 (1994);
Sawyer v. Collins, 986 F.2d 1493, 1497 (5th cir.), cert.
denied, 508 U.S. 933 (1993).
Furthermore, it is certified that any appeal taken in
forma pauperis would not be taken in good faith, pursuant to
28 U.S.C. § 1915(a)(3).
THIS CASE IS CLOSED.
Dated at Burlington, in the District of Vermont, this
3rd day of March, 2014.

/s/ William K. Sessions III
William K. Sessions III
U.S. District Court Judge