Order Adopting Report and Recommendation — United States v. Harrescia Hopkins

Summary

An order in Harrescia Hopkins v. United States of America, Criminal Action No. 1:22-cr-00284-SEG-CMS and Civil Action No. 1:23-CV-3612-SEG-CMS, in the U.S. District Court for the Northern District of Georgia, filed May 28, 2025 as Doc. 69. The order addresses the Magistrate Judge's Final Report and Recommendation (Doc. 67) that the movant's amended motion under 28 U.S.C. § 2255 (Doc. 46) be denied. Noting that no objections were filed, the Court reviews the recommendation for clear error, finds none and adopts it. The order denies the amended § 2255 motion, denies the original § 2255 motion (Doc. 44) as moot, denies a certificate of appealability and directs the Clerk to close the civil action. It is signed by United States District Judge Sarah E. Geraghty.

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   Case 1:22-cr-00284-SEG-CMS      Document 69     Filed 05/28/25   Page 1 of 2




                    UNITED STATES DISTRICT COURT
                    NORTHERN DISTRICT OF GEORGIA
                         ATLANTA DIVISION



 HARRESCIA HOPKINS,                              CRIMINAL ACTION NO.
         Movant,                                 1:22-CR-00284-SEG-CMS-1


       v.                                        CIVIL ACTION NO.
                                                 1:23-CV-3612-SEG-CMS
 UNITED STATES OF AMERICA,
         Respondent.


                                   ORDER

      This case is before the Court on the Magistrate Judge’s Final Report and

Recommendation that Movant Harrescia Hopkins’s amended motion under 28

U.S.C. § 2255 to vacate, set aside, or correct sentence (Doc. 46) be denied. (Doc.

67.) A district judge has broad discretion to accept, reject, or modify a

magistrate judge’s proposed findings and recommendations. United States v.

Raddatz, 447 U.S. 667, 680 (1980). No objections have been filed in response

to the Magistrate Judge’s Report and Recommendation. In accordance with 28

U.S.C. § 636(b)(1) and Rule 59 of the Federal Rules of Criminal Procedure, the

Court has reviewed the Magistrate Judge's Report and Recommendation for

clear error and finds none. The Court ADOPTS the Magistrate Judge’s Report

and Recommendation as the order of this Court.            Accordingly, Movant’s
   Case 1:22-cr-00284-SEG-CMS     Document 69   Filed 05/28/25   Page 2 of 2




amended 28 U.S.C. § 2255 motion (Doc. 46) is DENIED, and the original

§ 2255 motion (Doc. 44) is DENIED AS MOOT. A certificate of appealability

is DENIED because Movant has not made a substantial showing of the

denial of a constitutional right and resolution of the issues presented is not

debatable. As no matters remain pending before the Court, the Clerk is

DIRECTED to close civil action number 1:23-CV-3612-SEG-CMS.

     SO ORDERED this 28th day of May, 2025.



                                          ___________ _______________
                                          SARAH E. GERAGHTY
                                          United States District Judge




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