3:08-cr-00046 | N.D. Fla. | May 24, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION UNITED STATES OF AMERICA vs. 3:08cr46/LAC

3:09cv359/LAC/MD WILLIAM JOHN DANIEL MAGSAMEN, III _____________________________________________________________________

ORDER Upon consideration of the Report and Recommendation of the Magistrate Judge filed on April 15, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court.

Accordingly, it is ORDERED: 1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order. 2. The motion to vacate, set aside, or correct sentence (doc. 291) is DENIED. 3. A certificate of appealability shall issue as to the question of whether counsel complied with his constitutional obligations with respect to his client’s appeal.

th DONE AND ORDERED this 24 day of May, 2010. s /L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE