Filing 5

**VACATED see Order 8**ORDER ON REPORT AND RECOMMENDED DECISION for 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by EUGENE ERWIN ALLEN, JR. 4 Report and Recommended Decision. By Judge JOHN A. WOODCOCK JR. (MFS) Modified on 5/11/2007 to indicate this order is vacated (jgw, ).

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ALLEN v. UNITED STATES OF AMERICA Doc. 5 Case 1:07-cv-00039-JAW Document 5 Filed 04/17/2007 Page 1 of 1 UNITED STATES DISTRICT COURT DISTRICT OF MAINE EUGENE ERWIN ALLEN, JR., Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) Criminal No. 03-58-B-W Civil No. 07-39-B-W ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision filed March 26, 2007, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Plaintiff's 28 U.S.C. 2255 Petition be and hereby is DISMISSED (Docket # 1). SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 17th day of April, 2007