Rios v. United States of America (INMATE3)

Filing 11

ORDER adopting 10 Recommendation of the Magistrate Judge; denying the motion to vacate pursuant to 28 U.S.C. § 2255 as untimely and dismissing this case with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 12/1/09. (br, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION S E R G IO RIOS, P e titio n e r, v. U N IT E D STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) C A S E NO. 1:08-cv-0059-MEF ORDER O n November 5, 2009, the Magistrate Judge filed a Recommendation (Doc. #10) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . That the motion to vacate pursuant to 28 U.S.C. 2255 is DENIED as untimely and th a t this case is DISMISSED with prejudice. D O N E this the 1st day of December, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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