Order adopting R&r and denying 28 Usc 2255 motion, Otufale — No. 1:22-cr-00224 (Dkt. 66, N.D. Ga.)
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A two-page order of Chief United States District Judge Leigh Martin May in Oluwagbemiga Otufale v. United States of America, Criminal Action No. 1:22-cr-00224-LMM-CCB-1 and Civil Action No. 1:24-cv-4197-LMM-CCB, in the United States District Court for the Northern District of Georgia, Atlanta Division, dated and filed March 16, 2026 as Document 66. It notes that no objections were filed to the Magistrate Judge's Report and Recommendation at Dkt. No. [64] and, finding no clear error under 28 U.S.C. § 636(b)(1), adopts it as the opinion of the court. The original motion under 28 U.S.C. § 2255 is denied as moot, the amended motion is denied, no certificate of appealability shall issue, and the clerk is directed to close the case.
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“Order adopting R&r and denying 28 Usc 2255 motion, Otufale — No. 1:22-cr-00224 (Dkt. 66, N.D. Ga.).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-adopting-r-r-and-denying-28-usc-2255-motion-otufale-no-1-22-cr-0-014af4f580/
, SHA-256 5ca3fe8f3d3caa2b3b7a43674e2645b1d70cb8e8c7b21b1d43993297a977afda.Full text
Case 1:22-cr-00224-LMM-CCB Document 66 Filed 03/16/26 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
OLUWAGBEMIGA OTUFALE, :
:
:
Petitioner, :
:
: PRISONER HABEAS CORPUS
: 28 U.S.C. § 2255
:
: CRIMINAL ACTION NO.
v. : 1:22-cr-00224-LMM-CCB-1
:
: CIVIL ACTION NO.
UNITED STATES OF AMERICA, : 1:24-cv-4197-LMM-CCB
:
:
Respondent. :
ORDER
This matter is before the Court on Petitioner’s motion to vacate, set aside,
or correct sentence under 28 U.S.C. § 2255, Dkt. No. [58]; Petitioner’s amended
§ 2255 motion, Dkt. No. [60]; and the Magistrate Judge’s Report and
Recommendation on the motions, Dkt. No. [64].1 No objections have been filed in
response to the Magistrate Judge’s Report and Recommendation.
Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the
Federal Rules of Civil Procedure, the Court has reviewed the Magistrate Judge’s
Recommendation for clear error. It finds none. Accordingly, the Court ADOPTS
1 The record citations refer to the case numbers appearing on the
criminal docket.
1
Case 1:22-cr-00224-LMM-CCB Document 66 Filed 03/16/26 Page 2 of 2
the Magistrate Judge’s Report and Recommendation, Dkt. No. [64], as the
opinion of the Court: Petitioner’s original § 2255 motion to vacate, set aside, or
correct sentence under 28 U.S.C. § 2255, Dkt. No. [58], is DENIED AS MOOT;
his amended § 2255 motion, Dkt. No. [60], is DENIED; and no certificate of
appealability shall issue.2
The Clerk is DIRECTED to CLOSE this case.
IT IS SO ORDERED this 16th day of March, 2026.
_____________________________
Leigh Martin May
Chief United States District Judge
2 Petitioner is advised that he may not appeal the denial of a certificate
of appealability but may seek a certificate from the Court of Appeals under
Rule 22 of the Federal Rules of Appellate Procedure. 28 U.S.C. foll. § 2255,
Rule 11(a).
2
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