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08-882 - Carter v. United States of America (INMATE3)


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08-882 - Carter v. United States of America (INMATE3)
November 21, 2008
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REPORT AND RECOMMENDATION that the 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Albert Carter, Jr. on 10/30/2008, be denied, as this court is without jurisdiction to consider the successive claims in the motion (Claims 1 through 9) and the remaining claims (Claims 10 and 11) lack merit and do not entitle Carter to any relief. Objections to R&R due by 12/4/2008. Signed by Honorable Charles S. Coody on 11/21/2008. (dmn)
December 19, 2008
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ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's 6 Objection to the Report and Recommendation of the Magistrate Judge filed on 12/5/2008 is overruled; (2) The 5 REPORT AND RECOMMENDATION is adopted; (3) The 1 2255 motion filed by petitioner on 10/30/2008 is DENIED, as this court is without jurisdiction to consider the successive claims in the motion (claims 1 through 9), and the remaining claims (claims 10 and 11) lack merit and do not entitle petitioner to any relief. Signed by Honorable Truman M. Hobbs on 12/19/2008. (dmn)