Clayton v. United States of America (INMATE 3)

Filing 7

ORDER directing that the 6 Recommendation of the Magistrate Judge is hereby ADOPTED; the 28 U.S.C. § 2255 motion is DENIED, and this case is DISMISSED with prejudice, as the § 2255 motion is barred under the waiver provision in Petitioner's plea agreement and also was not filed within the controlling federal limitation period. Signed by Honorable Judge W. Harold Albritton, III on 03/09/2015. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MELINDA RENAE CLAYTON,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Civil Action No. 2:13cv284-WHA
(WO)

ORDER
The Magistrate Judge entered a Recommendation (Doc. 6) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the court finds that the Recommendation should
be adopted. Accordingly, it is
ORDERED that the Recommendation of the Magistrate Judge is hereby
ADOPTED; the 28 U.S.C. § 2255 motion is DENIED, and this case is DISMISSED with
prejudice, as the § 2255 motion is barred under the waiver provision in Petitioner’s plea
agreement and also was not filed within the controlling federal limitation period.
A separate judgment shall issue.
Done this 9th day of March, 2015.

/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE