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IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

UNITED STATES OF AMERICA
v.
BILLY CRAIG UNDERWOOD

Criminal No. 09-50090

PLAINTIFF/RESPONDENT

DEFENDANT/MOVANT

O R D E R

Now on this 2nd day of October, 2013, comes on for
consideration the Magistrate Judge's Report and Recommendation
(document #73) entered by United States Magistrate Judge Setser in
this matter, to which there are no objections, and the Court, being
well and sufficiently advised, finds that the Report And Recommendation
is sound in all respects, and should be adopted in its entirety.

IT IS THEREFORE ORDERED that the Magistrate Judge's Report And

Recommendation (document #73) is adopted in its entirety.

IT IS FURTHER ORDERED that the defendant's Motion for Leave to
Appeal in Forma Pauperis and Motion for Certificate of Appealability
(documents #70 and 71) are denied.


IT IS SO ORDERED.

/s/Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE