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06-095 - USA v. Shelton

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06-095 - USA v. Shelton
September 11, 2008
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RECOMMENDED DISPOSITION as to Mark Shelton : Court recommends that 1) the District Court Deny, with prejudice, Sheltons's 2255 motion 26 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 6:07-cv-370-DCR.) 2) Should Shelton make a motion under 28:2253, the District Court refuse a Certificate of Appealability as to all issues. Parties may file written objections within 10 days after being served with a copy of this recommended decision. Objections to R&R due by 9/29/2008. Signed by Robert E. Wier on 9/11/08. (SWA)cc: COR,Paper copy to deft.
October 3, 2008
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MEMORANDUM OPINION AND ORDER: 1) Mag. Judge's Recommended Disposition 42 is ADOPTED and INCORPORATED by reference; 2) Shelton's mt to vacate, set aside, or correct sentence pursuant to 28:2255 26 is DENIED; 3) COA shall not issue because Shelton has not made a substantial showing of denial of any substantive constitutional right; 4) Shelton's request for evidentiary hrg is DENIED for reasons outlined in Mag. Judge's Recommended Disposition; and 5) Habeas proceeding shall be DISMISSED and STRICKEN from docket.. Signed by Judge Danny C. Reeves on 10/3/2008. (JMB)cc: COR,USP, Mark Shelton