Opinion
Nos. 1:05CV978, 1:96CR222-1.
January 12, 2006
ORDER
On November 8, 2005, in accordance with 28 U.S.C. § 636(b), the Recommendation of the United States Magistrate Judge was filed and notice was served on the parties in this action and a copy was given to the court.
Within the time limitation set forth in the statute, Petitioner objected to the Recommendation.
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court hereby adopts the Magistrate Judge's Recommendation.
IT IS HEREBY ORDERED that Petitioner's "Rule 60(b)" motion be construed as a Section 2255 action and dismissed without prejudice to Petitioner filing a new action on the proper forms.