Graham v. United States of America

Filing 6

MEMORANDUM OPINION: The court has considered the entire file in this action together with the Magistrate Judge's Report and Recommendation and has reached an independent conclusion that the Magistrate Judges Report and Recommenda tion is due to be adopted and approved. The court hereby ADOPTS and APPROVES the findings and recommendation of the magistrate judge as the findings and conclusions of the court. In accord with the recommendation, Petitioners motion, which is construed as one pursuant to 28 U.S.C. § 2255, is due to be denied and this petition for writ of habeas corpus is due to be dismissed with prejudice. Signed by Judge L Scott Coogler on 12/10/2013. (MSN)

FILED
2013 Dec-10 PM 02:42
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
DAVID E. GRAHAM,
Petitioner,
v.

UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
1:13-cv-8031-LSC-JEO

MEMORANDUM OPINION
This case is before the court on the Report and Recommendation of the magistrate judge
that Petitioner’s Motion Under 28 U.S.C. § 2244 for Order Authorizing District Court to
Consider Permission to File Application for Relief Under U.S.C. § 2244 or 2255(f), (doc. 1), be
construed as a motion pursuant to 28 U.S.C. § 2255 and that said motion be denied and that the
instant case be dismissed with prejudice. (Doc. 5). Petitioner did not file any objections.
The court has considered the entire file in this action together with the Magistrate Judge's
Report and Recommendation and has reached an independent conclusion that the Magistrate
Judge’s Report and Recommendation is due to be adopted and approved. The court hereby
ADOPTS and APPROVES the findings and recommendation of the magistrate judge as the
findings and conclusions of the court. In accord with the recommendation, Petitioner’s motion,
which is construed as one pursuant to 28 U.S.C. § 2255, is due to be denied and this petition for
writ of habeas corpus is due to be dismissed with prejudice. An appropriate order will be
entered.

It is so ORDERED, this 10th day of December, 2013.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
174256

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