Milan v. USA, No. 3:2013cv00252 - Document 22 (S.D. Ohio 2013)

Court Description: DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 22); (2) DENYING AND DISMISSING DEFENDANT'S MOTION TO VACATE (Doc. 21) WITH PREJUDICE; (3) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; AND (4) CERTIFYING THAT AN APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. See also 3:12-cr-26, USA v Milan, Doc. 23 Signed by Judge Timothy S. Black on 8/30/2013. (mr1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. BRYAN CRAIG MILAN, Defendant. : : : : : : : : : Case No. 3:12-cv-36 Judge Timothy S. Black Magistrate Judge Michael R. Merz DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 22); (2) DENYING AND DISMISSING DEFENDANT S MOTION TO VACATE (Doc. 21) WITH PREJUDICE; (3) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; AND (4) CERTIFYING THAT AN APPEAL WOULD BE OBJECTIVELY FRIVOLOUS This case is before the Court on the Report and Recommendations of United States Magistrate Judge Michael R. Merz. (Doc. 22). Defendant did not file any objections to the Report and Recommendations and the time for doing so has expired. Accordingly, the issues are ripe for decision by the Court. As required by 28 U.S.C. ยง 636(b) and Fed. R. Civ. P. 72(b), the Court reviewed the comprehensive findings of the Magistrate Judge and considered the issues presented de novo. Based on that review, the Court: (1) ADOPTS the Report and Recommendations of the Magistrate Judge (Doc. 22) in its entirety; (2) DENIES and DISMISSES Defendant s Motion to Vacate (Doc. 21) WITH PREJUDICE; (3) DENIES any requested certificate of appealability; and (4) CERTIFIES that that an appeal would be objectively frivolous. IT IS SO ORDERED. Date: 8/30/2013 s/ Timothy S. Black Timothy S. Black United States District Judge

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