Whatley v. United States of America

Filing 7

MEMORANDUM OPINION AND ORDER that the court is of the opinion that theMagistrate Judge's report and recommendation is ADOPTED and it is ORDERED that the Motion to Vacate, Set Aside or Correct Sentence is DENIED; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 7/16/2012. (AHI )

FILED
2012 Jul-16 AM 10:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAHMAL AHMAD WHATLEY,
Petitioner,
vs.
UNITED STATES,
Respondent.

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Civil Action No. CV-11-S-8024-NE

ORDER
Magistrate Judge Harwell Davis entered a Report on June 21, 2012,
recommending that petitioner’s 28 U.S.C. § 2255 petition be denied.1 The parties
were allowed fourteen days in which to file objections to the recommendations made
by the magistrate judge.2 The copy of the report and recommendation mailed to
petitioner at his last known address was returned to the court as undeliverable, marked
“Return to Sender–Not Here.”3 The Federal Bureau of Prisons website shows that
petitioner was released from prison on October 21, 2011.4 To date, petitioner has
neither provided the court with an updated address, nor filed objections to the report
and recommendation.
1

Doc. no. 5 (Report and Recommendation).

2

See id. at 4.

3

See doc. no. 6 (Returned Mail).

4

See Federal Bureau of Prisons,
http://www.bop.gov/iloc2/LocateInmate.jsp.

Inmate

Locator,

available

at

Having carefully reviewed and considered de novo the record and the
Magistrate Judge’s report and recommendation, the court is of the opinion that the
Magistrate Judge’s report and recommendation is due to be, and it hereby is,
ADOPTED. Accordingly, it is ORDERED, ADJUDGED, and DECREED that the
Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 is due
to be, and it hereby is, DENIED. The Clerk is directed to close this file.
DONE this 16th day of July, 2012.
______________________________
United States District Judge

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