Filed: Jan. 17, 2019
Latest Update: Jan. 17, 2019
Summary: ORDER SAM A. LINDSAY , District Judge . Before the court is Kim Joe Graves ("Graves") pro se Motion to Vacate Sentence (Doc. 1), filed November 21, 2016; the Government's Response (Doc. 8), filed May 13, 2017; and Graves's Reply (Doc. 9), filed June 5, 2017. On December 21, 2018, United States Magistrate Judge Rebecca Rutherford entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report"), recommending that the motion be dismissed as barred by the
Summary: ORDER SAM A. LINDSAY , District Judge . Before the court is Kim Joe Graves ("Graves") pro se Motion to Vacate Sentence (Doc. 1), filed November 21, 2016; the Government's Response (Doc. 8), filed May 13, 2017; and Graves's Reply (Doc. 9), filed June 5, 2017. On December 21, 2018, United States Magistrate Judge Rebecca Rutherford entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report"), recommending that the motion be dismissed as barred by the s..
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ORDER
SAM A. LINDSAY, District Judge.
Before the court is Kim Joe Graves ("Graves") pro se Motion to Vacate Sentence (Doc. 1), filed November 21, 2016; the Government's Response (Doc. 8), filed May 13, 2017; and Graves's Reply (Doc. 9), filed June 5, 2017. On December 21, 2018, United States Magistrate Judge Rebecca Rutherford entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report"), recommending that the motion be dismissed as barred by the statute of limitations, or alternatively, that it be denied. No objections were made to the Report.
Having reviewed the record in this case, Report, and applicable law, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court denies Petitioner's Motion to Vacate Sentence and dismisses with prejudice this action as barred by the statute of limitations.
It is so ordered.
