Summary
rejecting Braxton and allowing petitioner to raise claim of ineffective assistance at sentencing despite execution of a waiver of the right to collaterally attack
Summary of this case from Callum v. U.S.Opinion
Civil Action No. 3:04CV23, Criminal Action No. 3:02CR35, (Broadwater).
October 13, 2005
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated June 3, 2005. The petitioner did not file objections to the Report. However, in the interests of justice and in accordance with 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation (Docket # 15) should be and is hereby ORDERED adopted.
The Court further ORDERS that the petition of the petitioner be DENIED and DISMISSED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation. It is further ORDERED that petitioner's Motion to Amend (Docket # 4) is DENIED based on the reasons set forth in the Magistrate Judge's Report. Finally, it is ORDERED this action be and is hereby STRICKEN from the active docket of this Court.
The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.