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16-1605 - Beaver v. USA

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16-1605 - Beaver v. USA
January 18, 2017
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ORDER: The Court has before it Plaintiff's Motion to Vacate under §2255 (Doc. 1), the government's Response (Doc. 4), Plaintiff's Reply (Doc. 5), the Report and Recommendation (Doc. 6), and Plaintiff's Objections (Doc. 7), to which no response has been filed. We have reviewed de novo the objections and the R&R under Rule 72 (b)(3), Fed. R. Civ. P. We accept the recommended disposition (Doc. 6). Accordingly, it is ORDERED DENYING plaintiff's Motion to Vacate under 28 U.S.C. §2255 (Doc. 1). It is further ORDERED DENYING a Certificate of Appealability under Rule 11, Rules Governing Section 2255 Proceedings, for the reason that plaintiff has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. §2253(c). Signed by Senior Judge Frederick J Martone on 1/17/2017. (REK)