Gravel v. United States of America

Filing 2

ORDER Adopting Report and Recommendation denying 1 Motion to Vacate, Set Aside, or Correct Sentence (2255). Signed by Judge William K. Sessions III on 3/28/2018. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
UNITED STATES OF AMERICA,
v.
ERIC GRAVEL

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: Case No. 2:06 CR 16-2
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ORDER

The Report and Recommendation of the United States
Magistrate Judge was filed August 30, 2017. After careful
review of the file and the Magistrate Judge's Report and
Recommendation, no objections having been filed by any party,
this Court ADOPTS the Magistrate Judge's recommendations in
full for the reasons stated in the Report.
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.

The motion under 28 U.S.C. §2255 to vacate, set aside or
correct a sentence(Doc. 127) 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.
Moreover, 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.

Lucidore v, New York State Div. Of

Parole, 209 F.3d 107, 112 (2d Cir. 2000).
It is further certified that any appeal would not be
taken in good faith, and permission to proceed in forma
pauperis is therefore DENIED.

See 28 U.S.C. § 1915(a)(3).

THIS CASE IS CLOSED.
Dated at Burlington, in the District of Vermont, this
28th day of March, 2018.

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