ALLEN v. USA

Filing 3

ORDER Affirming Report and Recommended Decision re 2 Report and Recommendations. ORDER Dismissing Motion to Vacate, Set Aside or Correct Sentence (2255). By JUDGE GEORGE Z. SINGAL. (nrg)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE WILLARD JOHN ALLEN, Movant v. UNITED STATES OF AMERICA, Respondent ) ) ) ) ) ) ) )

Civil No. 09-576-P-S Crim. No. 04-08-P-S

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 2) filed November 18, 2009, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that Movant's § 2255 Motion (Docket No. 1) is DISMISSED without prejudice to Movant's right to file another 28 U.S.C. § 2255 Motion should he obtain the First Circuit Court of Appeal's certification to do so.

__ /s/ George Z. Singal United States District Judge Dated this 15th day of December, 2009.