ARBODELA v. U.S., 10-00179-CG-N. (2015)
Court: District Court, S.D. Alabama
Number: infdco20151005883
Visitors: 11
Filed: Sep. 30, 2015
Latest Update: Sep. 30, 2015
Summary: ORDER CALLIE V. S. GRANADE , District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation (Doc. 176) of the Magistrate Judge dated August 26, 2015, and made under 28 U.S.C. 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), is ADOPTED as the opinion of
Summary: ORDER CALLIE V. S. GRANADE , District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation (Doc. 176) of the Magistrate Judge dated August 26, 2015, and made under 28 U.S.C. 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), is ADOPTED as the opinion of ..
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ORDER
CALLIE V. S. GRANADE, District Judge.
After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation (Doc. 176) of the Magistrate Judge dated August 26, 2015, and made under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Arbodela's March 3, 2015 motion (Doc. 165) is DISMISSED without prejudice for lack of jurisdiction to the extent it is a motion under 28 U.S.C. § 2255, that it is otherwise DENIED, and that Arbodela is not entitled either to a certificate of appealability or to proceed in forma pauperis on appeal.1
DONE and ORDERED.
FootNotes
1. Arbodela's "Motion Letter for Disposition" (Doc. 170) is DENIED as moot. His request for disqualification of the undersigned under 28 U.S.C. § 455 embedded in the March 3, 2015 motion is DENIED.
Source: Leagle