Crews v. United States of America
ORDER ADOPTING REPORT AND RECOMMENDATIONS that the court ADOPTS the report and ACCEPTS the recommendations and it is ORDERED that the Motion to Vacate, Set Aside or Correct Sentence, filed pursuant to 28 U.S.C. § 2255, is DENIED and this action DISMISSED; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 9/5/2012. (AHI)
2012 Sep-05 PM 03:33
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA
Case No. 4:12-cv-08022-CLS-HGD
On June 21, 2012, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. On July 11, 2012,
petitioner filed a “Motion for Determination” in which he objects to the authority and
propriety of the undersigned district judge and United States Magistrate Judge
Harwell G. Davis, III, to adjudicate this action. He also contests the recommendation
of the magistrate judge that the filing be construed as a Motion to Vacate, Set Aside
or Correct Sentence pursuant to 28 U.S.C. § 2255 and that the motion be denied
pursuant to 28 U.S.C. §§ 2255(e) & (h). To the extent petitioner’s “Motion for
Determination” is considered as his objections to the report and recommendation,
and, indeed, he is objecting therein to the report and recommendation, the objections
are untimely and will not be considered by the court.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court ADOPTS the report and ACCEPTS the
recommendations. Accordingly, it is ORDERED, ADJUDGED and DECREED that
the Motion to Vacate, Set Aside or Correct Sentence, filed pursuant to 28 U.S.C.
§ 2255, is due to be, and it hereby is, DENIED pursuant to 28 U.S.C. §§ 2255(e) &
(h) and this action DISMISSED.
DONE and ORDERED this 5th day of July, 2012.
United States District Judge
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