Kizziah v. United States of America, No. 7:2013cv08042 - Document 6 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 1/7/14. (ASL)
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FILED 2014 Jan-07 PM 05:05 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION CODY RYAN KIZZIAH, Movant/Defendant, v. UNITED STATES OF AMERICA, Respondent ) ) ) ) ) ) ) ) ) ) 7:13-cv-8042-VEH-JEO (7:12-cr-0021-VEH-JEO) MEMORANDUM OPINION Defendant Cody Ryan Kizziah ( Defendant ) has filed a pro se motion to vacate his federal sentence pursuant to 28 U.S.C. § 2255. (Doc.1 1). On December 10, 2013, the magistrate judge to whom the case was referred for preliminary review entered a report pursuant to 28 U.S.C. § 636(b) recommending that Defendant s § 2255 motion be denied as time barred, or, alternatively, on the ground that his claims are without merit. (Doc. 5). No objections have been filed to the magistrate judge s report and recommendation. Having carefully reviewed and considered de novo all the materials in the court file, including the magistrate judge s findings and recommendation, the court is of the opinion that the magistrate judge s report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, Defendant s § 2255 motion is due to be DENIED. A separate final order will be entered. 1 References herein to Doc(s). __ are to the document numbers assigned by the Clerk of the Court to the pleadings, motions, and other materials in the court file in the § 2255 civil case, 7:13-cv-8042-VEH-JEO, as reflected on the docket sheet in the court s Case Management/Electronic Case Files system ( CM/ECF ). DONE, this the 7th day of January, 2014. VIRGINIA EMERSON HOPKINS United States District Judge 2