USA v. Tubbs et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
VAN TUBBS, 	)
BOP Reg. #06762-027, 	)
Movant, 	)
) 	CIVIL ACTION NO. 2:17-00508-KD
v. 	)
) CRIMINAL ACTION NO. 2:14-135-KD-N-18
UNITED STATES OF AMERICA, 	)
Respondent. 	)
ORDER
After due and proper consideration of the issues raised, and there having been no objections
filed, the Report and Recommendations (Doc. 768)1 of the Magistrate Judge made under 28 U.S.C.
§ 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United
States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated March 13, 2019, is ADOPTED
as the opinion of the Court.
Accordingly, it is ORDERED that Movant Van Tubbs’s Motion to Vacate, Set Aside, or
Correct Sentence under 28 U.S.C. § 2255 (Doc. 748) is DENIED and DISMISSED with
prejudice. It is further ORDERED that Tubbs is not entitled to a Certificate of Appealability in
relation to this final adverse order. Finally, the Court certifies that any appeal of this order and
accompanying judgment would be without merit and therefore not taken in good faith. 	Thus,
Tubbs is not entitled proceed in forma pauperis on appeal.
Final judgment in accordance with this order shall issue separately under Federal Rule of
Civil Procedure 58. The Clerk is directed to mail a copy of this Order (and the subsequently-filed
Judgment) to Tubbs.
1 All “Doc.” citations herein refer to the docket of the above-styled criminal action.
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DONE and ORDERED this the 6th day of May 2019.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE
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