Finley v. United States of America (INMATE 3)

Filing 38

ORDER directing as follows: (1) the court will consider the objections and exhibits as timely filed; (2) the court's 34 Order and 35 Judgment are vacated and set aside; (3) finding that the matters raised in the objections were covered accu rately in the 29 report and recommendation, with which the court agrees; OVERRULING the objections; (4) adopting the 29 report and recommendation of the Mag Judge and this 2255 motion is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 7/9/15. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION VANDRICIA DEISHON FINLEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 2:13-CV-565-WHA (WO) ORDER Upon consideration of Docs. # 36 and 37 filed by the Petitioner on July 7, 2015, it is hereby ORDERED as follows: 1. The court will consider the objections and exhibits as if they were timely filed. 2. The court’s Order (Doc. # 34) and Judgment (Doc. # 35) are vacated and set aside. 3. Following an independent evaluation and de novo review of the Magistrate Judge’s Recommendation (Doc. # 29) and the Petitioner’s Objections, the court finds that the matters raised in the Objections were covered accurately in the Recommendation, with which the court agrees. Therefore, the Objections are without merit and they are OVERRULED. 4. The court adopts the Recommendation of the Magistrate Judge and this § 2255 motion is DISMISSED with prejudice. DONE this 9th day of July, 2015. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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