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United States v. Banks

United States District Court, M.D. Louisiana

April 17, 2015

UNITED STATES OF AMERICA,
v.
JUAN BANKS a/k/a JUAN ADRIAN BANKS

RULING AND ORDER

BRIAN A. JACKSON, Chief District Judge.

Before the Court is Petitioner Juan Banks's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 42). The Motion is opposed by the United States.[1]

The Magistrate Judge has issued a Report (Doc. 47) recommending that Petitioner's motion be denied. Petitioner does not object to the Magistrate Judge's Report.[2]

Having carefully considered Petitioner's § 2255 Motion and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 47), and ADOPTS it as the Court's opinion herein.

Accordingly, for the reasons explained in the Magistrate Judge's Report.

IT IS ORDERED that Petitioner Juan Banks's § 2255 Motion (Doc. 42) is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED because Petitioner has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).


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