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).

-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

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