Opinion
CRIMINAL ACTION NO. 1:12-CR-0311-AT-1 CIVIL ACTION NO. 1:19-CV-1050-AT
11-16-2020
MLADEN MITROVIC, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Presently before the Court is the Magistrate Judge's Report and Recommendation (R&R) recommending that the instant 28 U.S.C. § 2255 motion to vacate be denied without prejudice. [Doc. 343]. Petitioner has not filed objections in response to the R&R.
A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667, 680 (1980). Pursuant to 28 U.S.C. § 636(b)(1), the Court reviews any portion of the Report and Recommendation that is the subject of a proper objection on a de novo basis and any non-objected portion under a "clearly erroneous" standard.
After a review of the record and in the absence of objections, this Court concludes that the Magistrate Judge is correct. Accordingly, the R&R, [Doc. 343], is ADOPTED as the order of this Court, and Movant's 28 U.S.C. § 2255 motion to vacate, [Doc. 23], is DENIED WITHOUT PREJUDICE.
This Court further agrees with the Magistrate Judge that Movant has not "made a substantial showing of the denial of a constitutional right," 28 U.S.C. §2253(c)(2), and a certificate of appealability is DENIED. The Clerk is DIRECTED to close Civil Action Number 1:19-CV-1050-AT.
IT IS SO ORDERED, this 16th day of November, 2020.
/s/ _________
AMY TOTENBERG
UNITED STATES DISTRICT JUDGE