Brusso v. United States of America

Filing 2

ORDER Adopting Report and Recommendation denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Signed by Judge William K. Sessions III on 12/23/2015. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
UNITED STATES OF AMERICA,
v.
GREGORY W. BRUSSO

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: Case No. 2:13 CR 153-1
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:
ORDER

The Report and Recommendation of the United States
Magistrate Judge was filed October 29, 2015.

Defendant’s

objection was filed November 16, 2015.
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 under 28 U.S.C. §2255 to vacate, set aside or
correct a sentence by a person in federal custody (Doc. 54)
is 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
23rd day of December, 2015.

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