Herring v. United States of America (INMATE 3)

Filing 5

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The petitioner's 3 Objections are overruled; (2) The US Magistrate Judge's 2 Recommendation is adopted; (3) The 1 28 USC § 2255 petition for writ of hab eas corpus is denied; further ORDERED that costs are taxed against petitioner, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/22/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION BENNIE D. HERRING, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:12cv548-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The petitioner's objections (Doc. No. 3) are overruled. (2) The United States Magistrate Judge's recommendation (Doc. No. 2) is adopted. (3) The 28 U.S.C. ยง 2255 petition for writ of habeas corpus (Doc. No. 1) is denied. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 22nd day of August, 2012. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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