Jones v. U.S.

Full title: BLAIR R. JONES, JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, N.D. West Virginia

Date published: Aug 20, 2008

CIVIL ACTION NO. 1:07CV115, CRIMINAL ACTION NO. 1:05CR95 (N.D.W. Va. Aug. 20, 2008)

Opinion

CIVIL ACTION NO. 1:07CV115, CRIMINAL ACTION NO. 1:05CR95.

August 20, 2008

ORDER ADOPTING REPORT AND RECOMMENDATION

IRENE KEELEY, District Judge

On August 30, 2007, pro se petitioner Blair R. Jones, Jr. ("Jones") 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 18, 2008, United States Magistrate Judge John S. Kaull entered a detailed Report and Recommendation ("R R") recommending that this Court deny Jones's § 2255 motion and dismiss this case with prejudice. On August 18, 2008, Jones 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. Attar, 38 F.3d 727 (4^th Cir. 1994), when he determined that Jones knowingly and intelligently waived his right to collaterally attack his sentence. The Magistrate Judge also properly applied the controlling legal standard of United States v. Lemaster, 403 F.3d 216 (4^th Cir. 2005), to the facts in the case when he determined that all of Jones's claims are barred by that waiver.

Consequently, the Court ADOPTS the Report and Recommendation in its entirety (civil dkt. no. 10, criminal dkt. no. 250), DENIES Jones's § 2255 petition (civil dkt. no. 1, criminal dkt. no. 221), DENIES the other pending motions in this case AS MOOT (civil dkt. nos. 17 19, criminal dkt. nos. 258 262), 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.