Opinion
Case No. 2:06-cv-022-MEF.
February 3, 2006
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:
(1) The petitioner's Objections to the Magistrate Judge Recommendation (Doc. #5) filed on January 26, 2006 are overruled;
(2) The Recommendation of the United States Magistrate Judge entered on January 18, 2006 (Doc. #3) is adopted;
(3) The 28 U.S.C. § 2255 motion filed by Smiley is DISMISSED without prejudice.