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United States v. McGee

United States District Court, S.D. Georgia, Augusta Division

August 29, 2014

UNITED STATES OF AMERICA,
v.
HENRY MICKLEONARD McGEE,

ORDER

J. RANDAL HALL, District Judge.

Presently pending before the Court is Defendant's motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(1). (Doc. no. 99.) Defendant seeks relief from this Court's March 27, 2014 Order denying Defendant's 28 U.S.C. § 2255 petition because the Order did not address Defendant's objections to the Magistrate Judge's Report and Recommendation. (Id. at 1.) However, on April 3, 2014, the Court, out of an abundance of caution, entered an Order vacating the March 27, 2014 Order and addressing Defendant's untimely objections. The Court held:

None of Petitioner's objections provide any reason to depart from the conclusions in the R&R. As a result, Petitioner's objections are OVERRULED. Accordingly, the R&R of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's § 2255 motion is DENIED without an evidentiary hearing.

(Doc. no. 97 at 2.) (emphasis in original). Because the Court conducted a de novo review and considered Defendant's written objections, Defendant's motion (doc. no. 99) is DENIED AS MOOT.


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