Salery v. United States of America (INMATE 3)

Filing 21

ORDER: It is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. 16 ) is ADOPTED; 2. Salery's objections (Doc. 20 ) are OVERRULED; 3. Salery's 28 U.S.C. 2255 motion is DENIED and this case is DISMISSED with prejudice. A separate final judgment will be entered. Signed by Honorable Judge Andrew L. Brasher on 6/12/2020. (dmn, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ANDREW XAVIER SALERY,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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Case No. 2:17-cv-419-ALB

ORDER
On March 17, 2020, the Magistrate Judge filed a Recommendation (Doc. 16)
to which timely objections have been filed, (Doc. 20). After an independent review
of the record, the Recommendation, and the objections filed to the Recommendation,
the Court concludes that Plaintiff Andrew Xavier Salery’s objections should be
overruled and the Magistrate Judge’s Recommendation is due to be adopted.
Salery’s objection does not identify any error in the Magistrate Judge’s report
and recommendation. To the extent it restates his ineffective assistance of counsel
claims, those claims were properly addressed in the report and recommendation. To
the extent it attempts to raise new ineffective assistance claims for the first time,
those claims have been waived for the failure to include them in the 2255 motion.
Accordingly, it is ORDERED as follows:
1. The Recommendation of the Magistrate Judge (Doc. 16) is ADOPTED;

2. Salery’s objections (Doc. 20) are OVERRULED;
3. Salery’s 28 U.S.C. § 2255 motion is DENIED and this case is DISMISSED
with prejudice.
A separate final judgment will be entered.
DONE and ORDERED this 12th day of June 2020.

/s/ Andrew L. Brasher
ANDREW L. BRASHER
UNITED STATES DISTRICT JUDGE

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