United States v. Pete

Full title: UNITED STATES OF AMERICA v. ARDWIN FITZGERALD PETE

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Date published: May 23, 2018

CASE No. 2:09-cr-0094 (W.D. La. May. 23, 2018)

Opinion

CASE No. 2:09-cr-0094

05-23-2018

UNITED STATES OF AMERICA v. ARDWIN FITZGERALD PETE

JUDGE ROBERT G. JAMES

MAGISTRATE JUDGE KAY

JUDGMENT

For the reasons stated in the Report and Recommendation [Doc. 239] of the Magistrate Judge previously filed herein, and after an independent determination of the issues and review of the record, the Court concludes that the Magistrate Judge's Report and Recommendation is correct and adopts the findings and conclusions therein as its own.

Accordingly, IT IS ORDERED that the instant motion [Doc. 233] be DENIED as time-barred under 28 U.S.C. § 2255(f) to the extent that it seeks relief under § 2255 and DISMISSED WITHOUT PREJUDICE for lack of jurisdiction to the extent that it seeks relief under 28 U.S.C. § 2241.

THUS DONE AND SIGNED in Chambers this 23^rd day of May, 2018.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE