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Order, Court Approves and Adopts Report and Recommendation — Maurice Fayne, 28 U.S.C. § 2255 (Document 339)

Summary

Order in the Northern District of Georgia, Atlanta Division, filed 05/30/24, by United States District Judge Mark H. Cohen on the motion of Maurice Fayne to vacate, set aside or correct sentence under 28 U.S.C. § 2255 (Criminal Action File No. 1:20-CR-228-MHC-JKL, Civil Action File No. 1:23-CV-4917-MHC-JKL). The order states that no objections to the Magistrate Judge's Report and Recommendation were filed within the permitted time and that the Court reviewed it for plain error and found none. The Court approves and adopts the Report and Recommendation, denies the motion without prejudice for failure to comply with the Magistrate Judge's Order of March 12, 2024, and directs the Clerk to close the civil case file.

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“Order, Court Approves and Adopts Report and Recommendation — Maurice Fayne, 28 U.S.C. § 2255 (Document 339).” Original at ecf.gand.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-maurice-fayne/2024-05-30-order-adopting-rr-denying-2255/, SHA-256 8ba30219dfcad1fabcaff1336b96981dcf9f1c7c7d52cc82d6ee2248f1549360.

Full text

Case 1:20-cr-00228-MHC-JKL Document 339 Filed 05/30/24 Page 1 of 2

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,”
Case 1:20-cr-00228-MHC-JKL Document 339 Filed 05/30/24 Page 2 of 2

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

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