Boyles v. USA

Filing 6

ORDER 3 Report and Recommendations: It is the opinion of this Courtthat the Magistrate Judges Report and Recommendation 3 should be, and is, hereby ORDERED ADOPTED. The § 2255 Motion to Vacate, Set Aside, or CorrectSentence 1 is DENIE D WITHOUT PREJUDICE, and this matter is hereby ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment in favor of the respondent. It is further ORDERED that, pursuant to Rule 11(a) of the Rules Governing Section2254 and Section 2255 Cases, this Court declines to issue a certificate of appealability. Signed by District Judge John Preston Bailey on 10/11/16. (Attachments: # 1 Certified Mail Return Receipt)(jss)

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