Opinion
CIVIL ACTION NO. 1:07CV167, CRIMINAL ACTION NO. 1:06CR66-1.
August 25, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On December 5, 2007, pro se petitioner Joseph Alexander ("Alexander") filed a motion pursuant to 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. On June 6, 2008, United States Magistrate Judge John S. Kaull entered a detailed Report and Recommendation ("R R") recommending that this Court deny Alexander's § 2255 motion and dismiss this case with prejudice. On June 19, 2008, Alexander filed objections to the R R.
Upon de novo review, the Court finds that the Magistrate Judge properly applied the controlling legal standard of United States v. Truglio, 493 F.2d 574 (4th Cir. 1974), when he determined that Alexander's guilty plea was knowing and voluntary. He also properly applied the controlling legal standard of Strickland v. Washington, 466 U.S. 668 (1984), when he determined that Alexander's claim for ineffective assistance of counsel is meritless.
Consequently, the Court ADOPTS the Report and Recommendation in its entirety (civil dkt. no. 8, criminal dkt. no. 105), DENIES Alexander's § 2255 petition (civil dkt. no. 1, criminal dkt. no. 94), DENIES the other pending motion AS MOOT (civil dkt. no. 10, criminal dkt. no. 107), and DISMISSES this case WITH PREJUDICE. The Court directs the Clerk's office to STRIKE this case from the docket of this Court.
It is so ORDERED.
The Clerk is directed to mail a copy of this Order to the pro se petitioner, certified mail, return receipt requested and counsel of record.