McCauley v. United States of America, No. 3:2013cv00292 - Document 120 (S.D. Ohio 2013)
Court Description: DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 121) in Case No. 3:06-cr-154 Doc 124; (2) DISMISSING DEFENDANTS MOTION TO VACATE (Doc. 119 ) WITHOUT PREJUDICE; (3) DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; AND (4) CERTIFYING THAT AN APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Timothy S. Black on 10/18/2013. (mr1)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. THOMAS L. MCCAULEY, Defendant. : : : : : : : : : Case No. 3:06-cr-154; 3:13-cv-292 Judge Timothy S. Black Magistrate Judge Michael R. Merz DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE (Doc. 121); (2) DISMISSING DEFENDANT S MOTION TO VACATE (Doc. 119) WITHOUT 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. 121). The Magistrate Judge recommends that the Motion to Vacate be dismissed without prejudice for lack of jurisdiction. Defendant did not file any objections to the Report and Recommendations and the time for doing so has expired. As required by 28 U.S.C. ยง 636(b) and Fed. R. Civ. P. 72(b), the Court has 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 (Doc. 121) in its entirety; (2) DISMISSES Defendant s Motion to Vacate (Doc. 119) WITHOUT PREJUDICE; (3) DENIES any requested certificate of appealability; and (4) CERTIFIES that that an appeal would be objectively frivolous. IT IS SO ORDERED. Date: 10/18/13 /s/ Timothy S. Black Timothy S. Black United States District Judge
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