USA v. James (INMATE 3)

Filing 25

ORDER that 20 Order and 21 Final Judgment are VACATED AND SET ASIDE; OVERRULING 24 Objections; ADOPTING REPORT AND RECOMMENDATIONS; denying the 28 U.S.C. 2255 motion, as the claims entitle the movant to no relief. Signed by Judge W. Harold Albritton III on 6/26/2006. (cc, )

USA v. James (INMATE 3)

Doc. 25

Case 2:03-cv-00393-WHA-VPM

Document 25

Filed 06/26/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA Plaintiff, vs. ELMER JAMES, JR., #10112-002, Defendant. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:03cv393-WHA

ORDER Upon consideration of the Notice of Change of Address by Elmer James, Jr., the Magistrate Judge's order of May 23, 2006 granting an extension of time to file response out of time (Doc. #23), and the Motion for Leave to File Out of Time Objections to the Recommendation of the Magistrate Judge (Doc. #24), it is ORDERED that the order of the court (Doc. #20) and Final Judgment (Doc. #21), entered by the court on April 19, 2006, are VACATED and SET ASIDE. The court has now considered the objections included in Doc. #24 and finds them to be without merit. The objections are overruled, and the court adopts the Recommendation of the Magistrate Judge. It is hereby ORDERED that this 28 U.S.C. § 2255 motion is DENIED, as the claims therein entitle the movant to no relief. Final Judgment will be entered accordingly. DONE this 26th day of June, 2006.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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