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govinfo:USCOURTS-gand-1_22-cr-00224-1
1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION OLUWAGBEMIGA OTUFALE, Petitioner, : : : : : : : PRISONER HABEAS CORPUS 28 U.S.C. § 2255 : : CRIMINAL ACTION NO. v. : : 1:22-cr-00224-LMM-CCB-1 : CIVIL ACTION NO. UNITED STATES OF AMERICA, : : 1:24-cv-4197-LMM-CCB : Respondent. : ORDER This matter is before the Court on Petitioner’s motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, Dkt. No. [58]; Petitioner’s amended § 2255 motion, Dkt. No. [60]; and the Magistrate Judge’s Report and Recommendation on the motions, Dkt. No. [64].1 No objections have been filed in response to the Magistrate Judge’s Report and Recommendation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate Judge’s Recommendation for clear error. It finds none. Accordingly, the Court ADOPTS 1 The record citations refer to the case numbers appearing on the criminal docket. Case 1:22-cr-00224-LMM-CCB Document 66 Filed 03/16/26 Page 1 of 2 2 the Magistrate Judge’s Report and Recommendation, Dkt. No. [64], as the opinion of the Court: Petitioner’s original § 2255 motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, Dkt. No. [58], is DENIED AS MOOT; his amended § 2255 motion, Dkt. No. [60], is DENIED; and no certificate of appealability shall issue.2 The Clerk is DIRECTED to CLOSE this case. IT IS SO ORDERED this 16th day of March, 2026. _____________________________ Leigh Martin May Chief United States District Judge 2 Petitioner is advised that he may not appeal the denial of a certificate of appealability but may seek a certificate from the Court of Appeals under Rule 22 of the Federal Rules of Appellate Procedure. 28 U.S.C. foll. § 2255, Rule 11(a). Case 1:22-cr-00224-LMM-CCB Document 66 Filed 03/16/26 Page 2 of 2