Murphy v. United States of America (INMATE3)

Filing 14

ORDERED that 13 Recommendation of the Magistrate Judge is ADOPTED. Petitioner's motion to vacate sentence pursuant to 28 U.S.C. § 2255 is DISMISSED with prejudice because the claim presented in the motion is barred by the waiver provision of Petitioner's plea agreement and entitles her to no relief. An appropriate judgment will be entered. Signed by Hon. Chief Judge Mark E. Fuller on 3/11/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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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 S H A N N O N S. MURPHY, P e titio n e r, v. UNITED STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) ) Civil Action No. 2:07cv336-MEF ORDER T h e Magistrate Judge filed a Recommendation (Doc. #13) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #13) of the Magistrate Judge is A D O PTED . Petitioner's motion to vacate sentence pursuant to 28 U.S.C. 2255 is D IS M IS S E D with prejudice because the claim presented in the motion is barred by the w a iv e r provision of Petitioner's plea agreement and entitles her to no relief. An appropriate ju d g m e n t will be entered. D o n e this the 11 th day of March, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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