Reported / Citable
Background
Federal inmate Horace Savoy, III filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The court referred the matter to U.S. Magistrate Judge Christine L. Stetson.
The magistrate judge recommended dismissal because the motion was barred by the limitations period. Neither party filed objections to the report and recommendation.
The Court’s Holding
The district court adopted the magistrate judge’s report and recommendation after reviewing the record, pleadings, available evidence, and the recommendation’s factual findings and legal conclusions. It concluded that dismissal as time-barred was warranted and stated that final judgment would be entered accordingly.
The court also denied a certificate of appealability. Savoy had not shown that reasonable jurists could debate either his claims or the correctness of the procedural ruling, nor that the issues warranted further proceedings.
Key Takeaways
- The court dismissed Savoy’s § 2255 motion as untimely.
- No objections were filed to the magistrate judge’s recommendation.
- The court denied a certificate of appealability because Savoy did not make the required showing for appellate review.
Why It Matters
The order underscores that a federal prisoner’s § 2255 motion may be resolved on limitations grounds without reaching the merits. It also illustrates that, after a procedural dismissal, a certificate of appealability requires a debatable constitutional claim and a debatable procedural ruling.