McCall v. United States of America (INMATE 3)

Filing 51

ORDER directing as follows: (1) Petitioner's objections (Doc. # 47 ) are OVERRULED; (2) the Recommendation (Doc. # 46 ) is ADOPTED; (3) Petitioner's 28 U.S.C. § 2255 motion is DENIED; and (4) this action is DISMISSED with prejudice. Signed by Chief Judge William Keith Watkins on 01/05/2015. (scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DATRIST McCALL, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:12-CV-266-WKW [WO] ORDER Before the court is the Magistrate Judge’s Recommendation (Doc. # 46) to which Petitioner has filed objections (Doc. # 47). Based upon an independent and de novo review of the Recommendation, see 28 U.S.C. § 636(b), Petitioner’s objections reassert substantially the same arguments that the Recommendation addressed and appropriately rejected, and the objections fail to undermine the findings and recommendations of the Magistrate Judge. Accordingly, it is ORDERED as follows: 1. Petitioner’s objections (Doc. # 47) are OVERRULED; 2. the Recommendation (Doc. # 46) is ADOPTED; 3. Petitioner’s 28 U.S.C. § 2255 motion is DENIED; and 4. this action is DISMISSED with prejudice. An appropriate final judgment will be entered separately. DONE this 5th day of January, 2015. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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