Peagler v. United States of America (INMATE3)

Filing 14

ORDER Adopting 13 Report and Recommendations; that the 28 U.S.C. § 2255 petition filed by petitioner is denied as time-barred; that costs are taxed against petitioner, for which execution may issue. Signed by Honorable Myron H. Thompson on 5/15/2009. (cc, )

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ERIC M. PEAGLER, Petitioner, v UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:07cv703-MHT (WO)

ORDER On April 14, 2009, the magistrate judge filed a recommendation (doc. no. 13) in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED that the recommendation is adopted and that the 28 U.S.C. § 2255 petition filed by petitioner is denied as time-barred. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. DONE, this the 15th day of May, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE