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Serrato v. United States

United States District Court, N.D. Georgia, Atlanta Division

November 26, 2014

RAFAEL ANTONIO SERRATO, Movant
v.
UNITED STATES OF AMERICA, Respondent Criminal Action No. 1:93-CR-430-ODE-JSA

ORDER

ORINDA D. EVANS, District Judge.

This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Justin S. Anand filed October 29, 2014 ("R&R") [Doc. 295]. No objections have been filed.

In the R&R, the Magistrate Judge recommends that Movant's § 2255 motion be dismissed for lack of jurisdiction or, in the alternative, as successive and/or untimely. The Magistrate Judge also recommends that a certificate of appealability be denied. The Magistrate Judge found several reasons why the instant petition should be dismissed, including that because Movant was no longer in federal custody when he filed the § 2255 motion, this Court lacks jurisdiction to entertain it.

The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, Movant's § 2255 motion [Doc. 292] is DISMISSED for lack of jurisdiction, and a Certificate of Appealability is DENIED.

SO ORDERED.


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