Darby v. United States of America(INMATE3)

Filing 27

ORDER ACCEPTING 25 RECOMMENDATION: This Court hereby ADOPTS the findings of the Magistrate Judge. The Court further ACCEPTS the recommendations of the Magistrate Judge, and therefore ORDERS Petitioner's 1 Motion to set aside, vacate, or corr ect his sentence pursuant to 28 U.S.C. § 2255 is GRANTED in part and DENIED in part. Petitioner will be re-sentenced without the armed career criminal enhancement and with the benefit of any applicable reduction. Because Petitioners remaining cl aims are time-barred pursuant to the one-year limitation period applicable to §2255 motions, any further relief requested by Petitioner is denied. A separate order will be entered addressing Petitioners re-sentencing date. Signed by Honorable L. Scott Coogler on 3/31/2011. Copy furnished to JT. (dmn)

-SRW Darby v. United States of America(INMATE3)

Doc. 27

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA MIDDLE DIVISION MARVIN DARBY, Petitioner vs. UNITED STATES OF AMERICA, Respondent. ] ] ] ] ] Civil Action No. 2:09-CV-0052 ] ] ] ]

Order Accepting Recommendation This court has reviewed the Recommendation of the Honorable Susan Russ Walker, United States Magistrate Judge [Doc. 25], entered February 18, 2011, pertaining to Petitioner's motion to set aside, vacate, or correct his sentence pursuant to 28 U.S.C. § 2255 [Docs. 1, 4]. After careful consideration of the record in this case and the Magistrate Judge's findings and recommendations, this Court hereby ADOPTS the findings of the Magistrate Judge. The Court further ACCEPTS the

recommendations of the Magistrate Judge, and therefore ORDERS Petitioner's motion to set aside, vacate, or correct his sentence pursuant to 28 U.S.C. § 2255 is GRANTED in part and DENIED in part. Petitioner will be
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re-sentenced without the armed career criminal enhancement and with the benefit of any applicable reduction. Because Petitioner's remaining claims are time-barred pursuant to the one-year limitation period applicable to § 2255 motions, any further relief requested by Petitioner is denied. A separate order will be entered addressing Petitioner's re-sentencing date. Done this 31st day of March 2011.

L. SCOTT COOGLER UNITED STATES DISTRICT JUDGE
153671

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