Howard v. United States of America (INMATE 3)

Filing 14

ORDER granting 12 Motion for Reinstatement of Petitioner's Motion and Objection to Magistrate Judge Report and Recommendation; it is hereby ORDERED that this court's 10 Order and 11 Final Judgment, entered on 10/10/2007, are VACATED a nd SET ASIDE; The 13 Objection is OVERRULED and The 2 Report and Recommendation of the Magistrate Judge is ADOPTED; it is hereby ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence (styled Motion for Reconsideration of Sentencing Court Decision at Sentencing Hearing) is DENIED, and this case is hereby DISMISSED; Final Judgment will be entered accordingly. Signed by Judge W. Harold Albritton III on 12/11/2007. (wcl, )

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Howard v. United States of America (INMATE 3) Doc. 14 Case 2:07-cv-00354-WHA-TFM Document 14 Filed 12/11/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CEDRIC HOWARD, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:07cv354-WHA ORDER Upon consideration of Petitioner's Motion for Reinstatement of Petitioner's Motion and Objection to Magistrate Judge Report and Recommendation (Doc. #12), the motion is GRANTED, and it is hereby ORDERED that this court's order (Doc. #10) and Final Judgment (Doc. #11), entered on October 10, 2007, are VACATED and SET ASIDE. The court has now conducted an independent evaluation and de novo review of this case, including the Report and Recommendation of the Magistrate Judge (Doc. #2), entered on May 1, 2007, and the Plaintiff's Objection (Doc. #13). Having done so, the court finds Petitioner's Objections to be without merit, offering nothing to establish that his Motion to Vacate, Set Aside or Correct Sentence (Doc. #1) was not, in effect, a successive 2255 motion filed without the required authorization from the Eleventh Circuit Court of Appeals. Therefore, the Objection is OVERRULED, the court ADOPTS the Recommendation of the Magistrate Judge, and it is hereby Dockets.Justia.com Case 2:07-cv-00354-WHA-TFM Document 14 Filed 12/11/2007 Page 2 of 2 ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence (styled Motion for Reconsideration of Sentencing Court Decision at Sentencing Hearing) is DENIED, and this case is hereby DISMISSED. Final Judgment will be entered accordingly. DONE this 11th day of December, 2007. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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