Opinion
Criminal No. 3:08CR313-HEH
10-09-2012
UNITED STATES OF AMERICA v. TIMMY O. BROWN, Petitioner.
ORDER
(Accepting Report and Recommendation
and Denying 28 U.S.C. § 2255 Motion)
In accordance with the accompanying Memorandum Opinion, it is hereby ORDERED that: the Report and Recommendation (Dk. No. 75) is ACCEPTED AND ADOPTED; Claim 1 is DISMISSED; the motion under 28 U.S.C. § 2255 (Dk. No. 47) is DENIED; the Motion for Leave to File (Dk. No. 65) is DENIED; the action is DISMISSED; and a certificate of appealability is DENIED.
Brown may appeal the decision of the Court. Should he wish to appeal, a written notice of appeal must be filed within sixty (60) days of the date of entry hereof. Failure to file a timely notice of appeal may result in the loss of the ability to appeal.
The Clerk is DIRECTED to send a copy of the Memorandum Opinion and Order to Brown and counsel of record.
It is SO ORDERED.
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HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE
Dated: Oct 5, 2012
Richmond, Virginia