Kelly v. United States of America, No. 4:2018cv08027 - Document 13 (N.D. Ala. 2019)

Court Description: MEMORANDUM OPINION that the court is of the opinion that the magistrate judge's findings are due to be and are ADOPTED and his recommendation is ACCEPTED; the petitioner's objections are OVERRULED; a certificate of appealability is due to be denied as more fully set out in Memo Op. Signed by Judge C Lynwood Smith, Jr on 2/15/2019. (AHI )

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Kelly v. United States of America Doc. 13 FILED 2019 Feb-15 AM 10:20 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION JOSEPH ALAN KELLY, Movant/Defendant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) Case Numbers: ) 4:18-cv-8027-CLS-TMP ) 4:05-cr-0256-CLS-TMP ) ) ) ) MEMORANDUM OPINION This action is before the court on the motion to vacate, set aside, or correct sentence, filed by Joseph Alan Kelly.1 The magistrate judge to whom the case was referred entered a Report and Recommendation, recommending that the petition be denied as time-barred.2 Petitioner filed an objection to the Report and Recommendation.3 Having carefully reviewed and considered de novo all the materials in the court file, including the magistrate judge’s Report and Recommendation and petitioner’s objections thereto, the court is of the opinion that the magistrate judge’s findings are 1 See doc. no. 1, in case no. 4:18-cv-8027-CLS-TMP. 2 Doc. no. 9 (Report and Recommendation), in case no. 4:18-cv-8027-CLS-TMP. 3 Doc. no. 12 (Traverse to Magistrate Judge’s R & R), in case no. 4:18-cv-8027-CLS-TMP. Dockets.Justia.com due to be, and they hereby are, ADOPTED, and his recommendation is ACCEPTED. Petitioner’s objections are OVERRULED. Further, because the petition does not present issues that are debatable among jurists of reason, a certificate of appealability is also due to be denied. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). A separate Final Order will be entered. DONE and ORDERED this 15th day of February, 2019. ______________________________ United States District Judge 2

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