Opinion
Case No.: 3:03cr144/LAC, 3:05cv247/LAC/MD.
October 19, 2005
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge filed on August 31, 2005, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court.
Accordingly, it is ORDERED:
The government's motion to dismiss (doc. 28) is GRANTED and the defendant's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 21) is DISMISSED as untimely.