Coleman v. United States of America

Filing 11

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/3/2012. (JLC)

FILED
2012 Dec-03 PM 02:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
LAPICTETUS AUSHAW COLEMAN)
)
v.
)
)
)
UNITED STATES OF AMERICA
)

Civil Action No.
5:12-CV-08040-VEH-HGD

MEMORANDUM OPINION
On October 31, 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 November 10,
2012, petitioner filed objections to the magistrate judge’s report and recommendation.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation and the 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, Set Aside or
Correct Sentence pursuant to 28 U.S.C. § 2255 be dismissed for failure to comply
with 28 U.S.C. §§ 2255(h) and 2244(b)(3) and, in the alternative, that it be denied as
time-barred.

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A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE and ORDERED this the 3rd day of December, 2012.

VIRGINIA EMERSON HOPKINS
United States District Judge

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