Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hereford v. United States

February 12, 2007

ANTHONY L. HEREFORD, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: R. Allan Edgar United States District Judge

Edgar / Carter

MEMORANDUM AND ORDER

Petitioner Anthony L. Hereford, a federal prisoner, has filed a pro se motion for post-conviction relief under 28 U.S.C. § 2255. The United States of America opposes the motion. The Court referred the case to Magistrate Judge William B. Mitchell Carter for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). On January 18, 2007, Magistrate Judge Carter submitted a report and recommendation. [Doc. No. 13]. The parties have not timely filed any objections.

After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. § 636(b)(1). Accordingly, the Petitioner's motion for leave to amend his § 2255 motion [Doc. No. 11] is DENIED. The motion for post-conviction relief brought under 28 U.S.C. § 2255 shall be DENIED and DISMISSED WITH PREJUDICE.

Any appeal from this decision by petitioner Hereford would be frivolous and not taken in good faith. Any application by petitioner Hereford for leave to proceed on appeal in forma pauperis shall be denied pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a).

If petitioner Hereford files a notice of appeal, it shall be treated as an application for a certificate of appealability which will be denied pursuant to 28 U.S.C. § 2253(c) and Fed. R. App. P. 22(b)(1) because he has not made a substantial showing of the denial of a constitutional right.

A separate judgment will be entered.

SO ORDERED.

20070212

© 1992-2007 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.