Order — No. 5:22-cr-00028 (Dkt. 75, E.D. Ky.)
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An order in United States v. Anthony Harris, Criminal No. 5:22-28-KKC-MAS-1, in the U.S. District Court for the Eastern District of Kentucky, Central Division, filed November 15, 2024 as Doc 75 (1 page). With no objections filed, the Court adopts the magistrate judge's recommendation (DE 74) that the defendant's motion to vacate his sentence be denied, and denies the motion (DE 67) under 28 U.S.C. § 2255. It declines to issue a certificate of appealability because he has not made a substantial showing of the denial of a constitutional right, and states that a consistent judgment will be entered.
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“Order — No. 5:22-cr-00028 (Dkt. 75, E.D. Ky.).”
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Case: 5:22-cr-00028-KKC-EBA Doc #: 75 Filed: 11/15/24 Page: 1 of 1 - Page
ID#: 478
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION -- LEXINGTON
CRIMINAL NO. 5:22-28-KKC-MAS-1
UNITED STATES OF AMERICA,
Plaintiff,
v. ORDER
ANTHONY HARRIS,
Defendant.
*** *** ***
The matter is before the Court on the defendant Anthony Harris’s motion to vacate
under 28 U.S.C. § 2255. (DE 67.) The magistrate judge recommends the defendant’s motion
be denied. (DE 74.) The defendant filed no objections to the magistrate judge’s report and
recommendation. Accordingly, it is hereby ORDERED that
1. the report and recommendation (DE 74) is ADOPTED;
2. the defendant’s motion to vacate his sentence under § 2255 (DE 67) is DENIED;
3. a certificate of appealability will not be issued, Harris having failed to make “a
substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); and
4. a judgment consistent with this order and the report and recommendation will be
ENTERED.
This 15th day of November, 2024.
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