-CSC Price v. USA (INMATE 3)

Filing 28

ORDER; that (1) The petitioner's Objection to the Magistrate Judge Recommendation 26 filed on November 22, 2010 is overruled; (2) The Recommendation of the United States Magistrate Judge 25 entered on November 5, 2010 is adopted; (3) Price&# 039;s motion for relief from judgment is DISMISSED as a successive § 2255 motion insofar as his conviction and sentence are being collaterally attacked, and to the extent Price's claims allege fraud upon the court pursuant to Rule 60(d)(3) is DENIED, and the judgment denying his original § 2255 motion stands. Signed by Hon. Chief Judge Mark E. Fuller on 12/21/2010. (jg, )

-CSC Price v. USA (INMATE 3)

Doc. 28

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D A V ID G. PRICE, 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. 2:99-cv-1183-MEF

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: (1 ) The petitioner's Objection to the Magistrate Judge Recommendation (Doc. #26) f ile d on November 22, 2010 is overruled; (2 ) The Recommendation of the United States Magistrate Judge (Doc. #25) entered o n November 5, 2010 is adopted; (3 ) Price's motion for relief from judgment is DISMISSED as a successive § 2255 m o tio n insofar as his conviction and sentence are being collaterally attacked, and to the e x te n t Price's claims allege fraud upon the court pursuant to Rule 60(d)(3) is DENIED, and th e judgment denying his original § 2255 motion stands. D O N E this the 21 day of December, 2010.
st

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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