Opinion
Case No. 5:01-CR-56 (CAR)
05-17-2013
ORASAMA ANDREWS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Proceeding under 28 U.S.C. § 1651
ORDER ON THE RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is United States Magistrate Judge Charles H. Weigle's Recommendation [Doc. 202] to deny Petitioners Motion for Writ of Error Coram Nobis [Doc. 167] and dismiss as moot the remaining pending motions in this case [Docs. 171, 172, 173, & 174]. Plaintiff has filed an Objection to the Recommendation [Doc. 203]. Pursuant to 28 U.S.C. ' 636(b)(1), the Court has thoroughly considered Petitioner's Objection, has made a de novo determination of the portions of the Recommendation to which Petitioner objects, and finds the Objection to be without merit. Having considered the Recommendation, this Court agrees with the findings and conclusions of the United States Magistrate Judge. As thoroughly explained in the Recommendation and despite Petitioner's arguments otherwise, none of his four alleged errors in this case fall within the exceedingly narrow range of fundamental factual errors recognized by the Eleventh Circuit and the Supreme Court for the "extraordinary remedy of last resort"—the writ of error coram nobis.
The Recommendation [Doc. 202] is therefore ADOPTED and MADE THE ORDER OF THE COURT, and Petitioner's Motion for Writ of Error Coram Nobis [Doc. 167] is hereby DENIED. All other pending Motions in this case - Petitioner's Motion to Amend Writ of Error Coram Nobis [Doc. 171]; Petitioner's Second Motion to Supplement Writ of Error Coram Nobis [Doc. 172]; Petitioner's Third Motion to Supplement Writ of Error Coram Nobis [Doc. 173]; and the Government's Motion to Dismiss Writ of Error Coram Nobis [Doc. 174] are hereby DISMISSED as moot.
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C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
SSH
United States v. Mills, 221 F.3d 1201, 1203 (11th Cir. 2000).