Summary
applying same reasoning after grant of a Fed.R.Crim.P. 35 motion
Summary of this case from Sellers v. United StatesOpinion
CIVIL ACTION NO. 2:07cv703-MHT (WO).
May 15, 2009
ORDER
On April 14, 2009, the magistrate judge filed a recommendation (doc. no. 13) in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED that the recommendation is adopted and that the 28 U.S.C. § 2255 petition filed by petitioner is denied as time-barred.
It is further ORDERED that costs are taxed against petitioner, for which execution may issue.