Davis v. United States of America (INMATE 3)

Filing 3

OPINION and ORDER: It is ORDERED that the #2 Recommendation of the Magistrate Judge is ADOPTED, and the motion to vacate, set aside or correct sentence (Doc. #1 ) pursuant to 28 U.S.C. 2255 is DISMISSED for lack of jurisdiction. Signed by Chief Judge Emily C. Marks on 4/1/2021. (Attachments: #1 Civil Appeals Checklist)(dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
OSIE LEE DAVIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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) CIV. ACT. NO. 2:21-cv-109-ECM
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[WO]
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OPINION and ORDER
On March 3, 2021, the Magistrate Judge entered a Recommendation that the
petitioner’s motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 be
dismissed for lack of jurisdiction. (Doc. 2). No objections to the Recommendation have
been filed. Upon an independent review of the file in this case, upon consideration of the
Recommendation, and for good cause, it is
ORDERED that the Recommendation of the Magistrate Judge is ADOPTED, and
the motion to vacate, set aside or correct sentence (doc. 1) pursuant to 28 U.S.C. § 2255 is
DISMISSED for lack of jurisdiction.
DONE this 1st day of April, 2021.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE