Opinion
CASE No. 2:09-cr-0094
05-23-2018
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 23rd day of May, 2018.
/s/ _________
ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE