King v. U.S. Attorney et al (INMATE3)

Filing 34

ORDER, JUDGMENT and DECREE of the court that: (1) the 33 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) the 28 USC 2255 motion filed by King is DENIED, as it was filed after expiration of the one-year-limitation period in 28 USC 2255(f) and the claims therein entitle him to no relief. Signed by Honorable Judge Mark E. Fuller on 5/2/13. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION BENNY RAY KING, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) CASE NO. 2:11-cv-0186-MEF ORDER On April 3, 2013, the Magistrate Judge filed a Recommendation (Doc. #33) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, 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 King is DENIED, as it was filed after expiration of the one-year limitation period in 28 U.S.C. § 2255(f) and the claims therein entitle him to no relief. DONE this the 2nd day of May, 2013. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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