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Bostic v. United States

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

June 1, 2015

MICHAEL LAVON BOSTIC, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER

WILLIAM T. MOORE, Jr., District Judge.

Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 2), to which objections have been filed (Doc. 4) * After a careful de nova review of the record, the Court concludes that Petitioner's objections are without merit. This case presents no extraordinary circumstances to warrant entertaining a habeas petition prior to the conclusion of Petitioner's direct appeal. See United States v. Casaran-Rivas, 311 F.Appx. 269, 273 (11th Cir. 2009). Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case. As a result, Petitioner's 28 U.S.C. ยง 2255 Petition is DISMISSED.

The Clerk of Court is DIRECTED to file Petitioner's Motion to Appeal (Doc. 1 at 5) as a notice of appeal in his criminal case, 4:13-cr-007. The effective filing date of the notice shall be the date he filed the motion in this case, April 27, 2015. Additionally, the Clerk of Court is DIRECTED to notify counsel in Petitioner's criminal case that a notice of appeal has been filed on Petitione:'s behalf and provide counsel with a copy of this order. Counsel is reminded of his continuing obligation to represent Petitioner during the pendency of any appeal in Petitioner's criminal case until and unless relieved by order of the Eleventh Circuit Court of Appeals. The Clerk of Court is DIRECTED to close this case.

SO ORDERED.


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