Knight v. United States of America
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|Date Filed||#||Document Text|
|January 9, 2014
MEMORANDUM OPINION and Order: In his Motion to Expand the Record, Movant seeks to add an affidavit1 in support of his objections, pursuant to Rule 7 of the Rules Governing Section 2255 Proceedings. (Doc. # 20). Rule 7(a) provides that, where a motion is not dismissed, the judge may direct the parties to expand the record. Here, expansion of the record is not required; even if it were, the substance of Movants proposed affidavit would not alter the ultimate result . Accordingly, the Motion to Expand the Record (Doc. # 20) is hereby DENIED. Having carefully reviewed and considered de novo all the materials in the court file, the Court is of the opinion that the magistrate judges findings are due to be and are hereby ADOPTED and his recommendation is ACCEPTED. To the extent that Petitioners filing of January 2, 2014 (Doc. # 19), is construed as interposing objections to the report and recommendat ion, such objections are due to be and hereby are OVERRULED. To the extent that Petitioners filing (Doc. # 19), is construed as a motion, it is due to be and hereby is DENIED. Accordingly, the petition for writ of habeas corpus is due to be DENIED and DISMISSED WITH PREJUDICE. A Final Judgment will be entered. Signed by Judge L Scott Coogler on 1/9/2014. (MSN)
|December 3, 2013
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/3/2013. (MSN)
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