McWhorter v. United States of America (INMATE 3)

Filing 25

ORDER, JUDGMENT and DECREE of the court that: 1) The 23 Recommendation of the Magistrate Judge is ADOPTED; 2) The petitioner's 28 USC § 2255 motion is DENIED and this case is DISMISSED with prejudice because the motion is untimely. Signed by Honorable Judge Mark E. Fuller on 2/5/2014. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JEREMY CHRISTOPHER McWHORTER, )
)
Petitioner,
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)

CASE NO. 2:11-cv-0788-MEF
WO

ORDER
On January 6, 2014, the Magistrate Judge filed a Recommendation (Doc. #23) 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 petitioner's 28 U.S.C. § 2255 motion is DENIED and this case is DISMISSED
with prejudice because the motion is untimely. See 28 U.S.C. § 2255(f)(1).
DONE this the 5th day of February, 2014.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE