Opinion
Case No: 3:02cr20/RV, 3:05cv355/RV/MD.
October 12, 2005
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 26, 2005. The defendant previously has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and all objections thereto timely filed by the parties, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 261) is summarily DISMISSED as untimely.
DONE AND ORDERED.