Calderon v. United States of America

Filing 12

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 2/9/2015. (JLC)

FILED
2015 Feb-09 PM 03:09
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

EFREN RAMIREZ CALDERON,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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) Case No.: 4:14-CV-8007-VEH-HGD
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MEMORANDUM OPINION
On October 23, 2014, 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. Petitioner sought
and obtained an extension to file objections, to December 8, 2014. On December 11,
2014, petitioner filed objections to the magistrate judge’s report and
recommendation.1 Despite the fact that the objections are untimely, the court will
nonetheless consider them.

1

While the objections were docketed on December 15, 2014, they were signed and submitted
for mailing by petitioner on December 11, 2014. Therefore, December 11, 2014, is deemed to be
the filing date. See Houston v. Lack, 487 U.S. 266, 271-72, 108 S.Ct. 2397, 101 L.Ed.2d 245 (1988);
Washington v. United States, 243 F.3d 1299, 1301 (11th Cir. 2001); Adams v. United States, 173
F.3d 1339, 1340-41 (11th Cir. 1999); Garvey v. Vaughn, 993 F.2d 776, 780 (11th Cir. 1993).

After careful consideration of the record in this case and the magistrate judge’s
report and recommendation and petitioner’s objections thereto, the court hereby
ADOPTS the report of the magistrate judge. The court further ACCEPTS the
recommendations of the magistrate judge that the Motion to Vacate, Srt Aside or
Correct Sentence be denied.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE and ORDERED this 9th day of February, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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