Smiley v. United States of America (INMATE3)

Filing 7

ORDERED that (1) the 5 Recommendation of the Magistrate Judge is adopted; (2) the 28 USC 2255 motion filed by Smiley is denied, as the claims entitled him to no relief. Signed by Hon. Chief Judge Mark E. Fuller on 9/30/08. (sl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION D A R R E N LAVON SMILEY, P e t i t io n e r , v. U N IT E D STATES OF AMERICA, R e sp o n d e n t. ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-0690-MEF ORDER O n September 11, 2008, the Magistrate Judge filed a Recommendation (Doc. #5) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . The 28 U.S.C. 2255 motion filed by Smiley is DENIED, as the claims therein e n title d him to no relief. D O N E this the 30th day of September, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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