Green v. United States of America (INMATE3)

Filing 16

ORDER adopting the 15 Recommendation; denying the 1 motion to vacate as time-barred; dismissing the action with prejudice. Signed by Honorable William Keith Watkins on 8/18/2010. (br, )

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Green v. United States of America (INMATE3) Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION QUINCY O'NEAL GREEN, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 2:10-CV-149-WKW ORDER No objections having been received to the Recommendation of the Magistrate Judge (Doc. # 15), and after an independent review, it is ORDERED as follows: (1) The Recommendation is ADOPTED; (2) The motion to vacate Mr. Green's sentence1 (Doc. # 1) is DENIED as time-barred, pursuant to 28 U.S.C 2255(f), and; (3) This action is DISMISSED with prejudice. DONE this 18th day of August, 2010. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE Further, the court finds that the Magistrate Judge appropriately construed Mr. Green's motion as one made under section 2255, despite Mr. Green's insistence on framing his motion as one for a writ of audita querela. (Doc. # 15, at 2-5.) 1

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