UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
CRIMINAL ACTION NO.
CIVIL ACTION NO.
ELEANYA UKEH ELEANYA,
UNITED STATES OF AMERICA,
O R D E R
This action is before the court on the magistrate judge’s report and
recommendation (“R&R”) [Doc. No. 64] and the movant’s objections thereto
[Doc. No. 66].
The R&R recommends denial of the movant’s § 2255 motion to vacate
on the basis that the movant’s guilty plea and the appeal waiver contained in
the plea agreement were valid. In his objections, the movant argues that all
statements he made in court about his understanding and agreement to the
plea were coerced by defense counsel. As an objection, this is insufficient to be
addressed by this court. Marsden v. Moore, 847 F.2d 1536, 1548 (11th Cir.
1988) (“Parties filing objections to a magistrate’s report and recommendation
must specifically identify those findings objected to. Frivolous, conclusive, or
general objections need not be considered by the district court.”)
Moreover, as explained in the R&R, the defendant, while under oath,
specifically stated his willingness to enter into the plea agreement, including
the appeal waiver. His objections represent nothing more than an effort to
completely change his sworn statements in order to obtain a more favorable
result. The court finds that the movant understood and voluntarily entered
into the plea agreement including the appeal waiver.
Because the court agrees with the reasoning and conclusions of the
magistrate judge the R&R is ADOPTED as the order and opinion of this
SO ORDERED, this 4th day of June, 2013.
/s/ Charles A. Pannell, Jr.
CHARLES A. PANNELL JR.
United States District Judge