Hill v. USA

Filing 29

ORDER adopting 26 Report and Recommendations and denying 1 Motion to Vacate, Set Aside or Correct Sentence (2255). Signed by District Judge Irene M. Keeley on 3/17/11. (Copy Petitioner via cert. mail)(mh) (Additional attachment(s) added on 3/17/2011: # 1 Certified Mail Return Receipt) (mh).

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-DJJ Hill v. USA Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA TODD DEVLON HILL, Petitioner, v. // CIVIL ACTION NO. 1:09CV92 CRIM. ACTION NO. 1:06CR82 (Judge Keeley) UNITED STATES OF AMERICA, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 26) AND DISMISSING 28 U.S.C. 2255 PETITION WITH PREJUDICE On November 4, 2010, the Honorable David J. Joel, United States Magistrate Judge, entered a Report and Recommendation ("R&R"), concluding that this 28 U.S.C. 2255 petition filed by the pro se petitioner, Todd Devlon Hill, should be dismissed with prejudice because of a valid waiver of habeas rights contained in Hill's plea agreement. Hill filed no objection to the R&R, and the time to do so has expired. Accordingly, the Court ADOPTS the R&R (dkt. 26) in its entirety, DENIES the petition for a writ of habeas corpus, and DISMISSES this case WITH PREJUDICE. The Court declines to issue a certificate of appealability because Hill raises no colorable claim of denial of a constitutional right. It is so ORDERED. The Court directs the Clerk to prepare a separate judgment order and to transmit copies of both orders to counsel of record and to the pro se petitioner via certified mail, return receipt requested. DATED: March 17, 2011. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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