Carter v. United States of America (INMATE3)

Filing 7

ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's 6 Objection to the Report and Recommendation of the Magistrate Judge filed on 12/5/2008 is overruled; (2) The 5 REPORT AND RECOMMENDATION is adopted; (3) The 1 2255 motion filed by petitioner on 10/30/2008 is DENIED, as this court is without jurisdiction to consider the successive claims in the motion (claims 1 through 9), and the remaining claims (claims 10 and 11) lack merit and do not entitle petitioner to any relief. Signed by Honorable Truman M. Hobbs on 12/19/2008. (dmn)

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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 A L B E R T CARTER, JR., 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-0882-TMH 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 petitioner's objection to the Report and Recommendation of the Magistrate J u d g e (Doc. #6 ) filed on December 5, 2008 is overruled; (2 ) The Report and Recommendation of the United States Magistrate Judge (Doc. #5) d a te d November 21, 2008 is adopted; (3 ) The 2255 motion filed by petitioner on October 30, 2008 (Doc. #1) is DENIED, a s this court is without jurisdiction to consider the successive claims in the motion (claims 1 through 9), and the remaining claims (claims 10 and 11) lack merit and do not entitle p e titio n e r to any relief. D O N E this the 19th day of December, 2008. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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