Elawyers Elawyers
Washington| Change

TURNER v. U.S., 2:13-CV-734-WKW [WO]. (2015)

Court: District Court, M.D. Alabama Number: infdco20150401b40 Visitors: 16
Filed: Mar. 31, 2015
Latest Update: Mar. 31, 2015
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On February 19, 2015, the Magistrate Judge filed a Recommendation in this case (Doc. # 19), and Petitioner filed a timely objection (Doc. # 20). The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. 636(b). In his objection, Petitioner reiterates the equitable-tolling arguments he previously made to the Magistrate Judge. The Recommendation addresses a
More

ORDER

On February 19, 2015, the Magistrate Judge filed a Recommendation in this case (Doc. # 19), and Petitioner filed a timely objection (Doc. # 20). The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b).

In his objection, Petitioner reiterates the equitable-tolling arguments he previously made to the Magistrate Judge. The Recommendation addresses and properly rejects those arguments.

Accordingly, it is ORDERED as follows:

1. Petitioner's objection (Doc. # 20) is OVERRULED.

2. The Recommendation (Doc. # 19) is ADOPTED.

3. Petitioner's 28 U.S.C. § 2255 motion is DENIED.

4. This action is dismissed with prejudice because the § 2255 motion was filed after the expiration of the applicable one-year period of limitation, 28 U.S.C. § 2255(f).

5. To the extent that Petitioner requests additional time to brief his objection, the request is DENIED.

A separate judgment will be entered.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer