Reported / Citable
Background
Federal prisoner Reginald Stanly Strother, proceeding without counsel, moved under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence.
The district court referred the matter to U.S. Magistrate Judge Christine L. Stetson, who recommended denying and dismissing the motion. The report was mailed to Strother at the address he provided, and neither party filed objections.
The Court’s Holding
District Judge Michael J. Truncale adopted the magistrate judge’s report and recommendation after reviewing it along with the record and pleadings. The court concluded that the magistrate judge’s findings of fact and conclusions of law were correct. The order stated that a separate final judgment would be entered in accordance with the recommendation.
The court also declined to issue a certificate of appealability. It found that Strother had not shown that his claims presented issues debatable among reasonable jurists, capable of resolution in a different manner, or worthy of encouragement to proceed further.
Key Takeaways
- The district court adopted the recommendation to deny and dismiss Strother’s § 2255 motion.
- No party objected to the magistrate judge’s report and recommendation.
- The court denied a certificate of appealability because Strother did not make the required substantial showing of the denial of a federal constitutional right.
Why It Matters
The order accepts the magistrate judge’s recommended disposition of Strother’s collateral challenge and forecloses a certificate of appealability at the district-court level. It does not itself purport to be the final judgment; the court stated that a separate final judgment would follow.