Court filing

Order Adopting R&R — § 2255 Denied Without Prejudice — United States v. Fayne

Summary

Order by Judge Mark H. Cohen in the Northern District of Georgia, Atlanta Division, adopting the Magistrate Judge's Report and Recommendation (Doc. 337) on Maurice Fayne's motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255. The R&R recommended denial without prejudice for failure to comply with a lawful order of the Court. No objections were filed within fourteen days, so the Court reviewed for plain error and found none. The motion (Doc. 326) is denied without prejudice for failure to comply with the Magistrate Judge's Order of March 12, 2024, and the Clerk is directed to close the civil case file.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed May 30, 2024 in U.S. v. Fayne; one of 375 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2024-05-30

Cite this document

“Order Adopting R&R — § 2255 Denied Without Prejudice — United States v. Fayne.” U.S. District Court for the Northern District of Georgia, filed 2024-05-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-fayne/2024-05-30-order-adopting-report-recommendation/, SHA-256 d274aa4b45e3ec10418cbd9c690ae279f2f7266d95ccb4c08ed340dbc82680a3.

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION
MAURICE FAYNE, MOTION TO VACATE
Fed. Reg. No. 73197-019, 28 U.S.C. § 2255
Movant, CRIMINAL ACTION FILE
NO. 1:20-CR-228-MHC-JKL
v.
CIVIL ACTION FILE
UNITED STATES OF AMERICA, NO. 1:23-CV-4917-MHC-JKL
Respondent.
ORDER

This matter is before the Court on the Report and Recommendation
(“R&R”) of the Magistrate Judge [Doc. 337] recommending that Movant’s Motion
to Vacate, set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 be denied
without prejudice for failure to comply with a lawful order of the Court. The Order
for Service of the R&R [Doc. 338] provided notice that, in accordance with 28
U.S.C. § 636(b)(1), Movant was authorized to file objections within fourteen (14)
days of the service of that Order. No objections to the R&R have been filed within
the permitted time period.

Absent objection, the district court judge “may accept, reject, or modify, in

whole or in part, the findings or recommendations made by the magistrate judge,”


28 U.S.C. § 636(b)(1). Based upon the absence of objections to the R&R, in

accordance with 28 U.S.C. § 636(b)(1), the Court has reviewed the R&R for plain

error. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983). The Court
finds no plain error and that the R&R is supported by law.

Consequently, the Court APPROVES AND ADOPTS the Report and
Recommendation [Doc. 337] as the Opinion and Order of the Court. It is hereby
ORDERED that Movant’s Motion to Vacate, Set Aside, or Correct Sentence
pursuant to 28 U.S.C. § 2255 [Doc. 326] is DENIED WITHOUT PREJUDICE
for failure to comply with the Magistrate Judge’s Order of March 12, 2024. See
LR 41.3A(2), NDGa.

The Clerk is DIRECTED to close the civil case file.

IT IS SO ORDERED this oN day of May, 2024.

Dak Kia

MARK H. COHEN
United States District Judge

File and source

File: 014_ECF_339_gov.uscourts.gand.278523.339.0_1.pdf
Size: 198,601 bytes
SHA-256: d274aa4b45e3ec10418cbd9c690ae279f2f7266d95ccb4c08ed340dbc82680a3
Our copy: 014_ECF_339_gov.uscourts.gand.278523.339.0_1.pdf
Original: storage.courtlistener.com