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govinfo:USCOURTS-gand-1_22-cr-00224-1

U.S. District Court for the Northern District of Georgia · 2026-03-16

· GavelSight synced 2026-09-06 03:49:29

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

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