Mitchell v. United States of America

Filing 12

MEMORANDUM OPINION: Having carefully reviewed and considered de novo all the materials in the court file, the Court is of the opinion that the magistrate judges findings are due to be and are hereby are ADOPTED and his recommendation is ACCEPTED. Accordingly, the petition for writ of habeas corpus is due to be DENIED. A Final Judgment will be entered. Signed by Judge L Scott Coogler on 12/10/2013. (MSN)

FILED
2013 Dec-10 PM 02:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BOBBY EUGENE MITCHELL,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 2:11-cv-8013-LSC-JHE

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on November 1, 2013 (Doc. # 9),
recommending that the motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255,
be DENIED. The parties were allowed an opportunity to file objections. Despite the fact that the
magistrate judge granted (Doc. # 11) the petitioner’s motion for an extension of time to object (Doc.
# 10), no objections have been received from either party.
Having carefully reviewed and considered de novo all the materials in the court file, the Court
is of the opinion that the magistrate judge’s findings are due to be and are hereby are ADOPTED and
his recommendation is ACCEPTED. Accordingly, the petition for writ of habeas corpus is due to be
DENIED. A Final Judgment will be entered.
As to the foregoing it is SO ORDERED this the 10th day of December, 2013.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
174256

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