Opinion
CRIMINAL NO. 2:03-CR-41-DBH-04 CIVIL NO. 2:13-CV-294-DBH
2013-10-15
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On September 6, 2013, the United States Magistrate Judge filed with the court, with copies to the parties, her Recommended Decision on 28 U.S.C. § 2255 Motion. The defendant filed his objection to the Recommended Decision on September 23, 2013. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendant's motion is DISMISSED WITHOUT PREJUDICE so that he may pursue a motion in the Court of Appeals for the First Circuit, pursuant to 18 U.S.C. § 2244(b)(3)(A), if he so chooses.
SO ORDERED.
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D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE