United States of America v. Carter (INMATE3)

Filing 24

ORDER, JUDGMENT and DECREE of the Court that: 1) The dft's untimely filed 22 Objection to the Recommendation of the Magistrate Judge filed on 9/17/2007 is OVERRULED; 2) The 14 Report and Recommendation of the Magistrate Judge filed on 8/6/2007 is ADOPTED; 3) The 1 Motion to Vacate pursuant to 28 USC 2255 is DENIED. Signed by Judge Mark E. Fuller on 9/24/2007. (Attachments: # 1 civil appeals checklist)(wcl, )

United States of America v. Carter (INMATE3)

Doc. 24

Case 2:05-cv-00654-MEF-CSC

Document 24

Filed 09/24/2007

Page 1 of 1

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION U N IT E D STATES OF AMERICA, v. A L B E R T CARTER, JR. ) ) ) ) )

CASE NO. 2:05-cv-0654-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 defendant's untimely filed objection (Doc. #22) to the Recommendation of the M a g is tra te Judge filed on September 17, 2007 is OVERRULED;1 2 . The Recommendation of the Magistrate Judge (Doc. #14) filed on August 6, 2007 is ADOPTED; 3 . The motion to vacate pursuant to 28 U.S.C. § 2255 is DENIED. D O N E this 24th day of September, 2007 /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

While the objection was not timely made and could be overruled on that ground alone, the Court has considered the arguments raised in the objection and finds them to be without merit.

1

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