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Crawford v. U.S.

United States District Court, N.D. West Virginia, Martinsburg
Oct 13, 2005
Civil Action No. 3:04CV23, Criminal Action No. 3:02CR35, (Broadwater) (N.D.W. Va. Oct. 13, 2005)

Summary

rejecting Braxton and allowing petitioner to raise claim of ineffective assistance at sentencing despite execution of a waiver of the right to collaterally attack

Summary of this case from Callum v. U.S.

Opinion

Civil Action No. 3:04CV23, Criminal Action No. 3:02CR35, (Broadwater).

October 13, 2005


ORDER ADOPTING REPORT AND RECOMMENDATION


On this day the above styled case came before the Court for consideration of the Report and Recommendation of Magistrate Judge James E. Seibert, dated June 3, 2005. The petitioner did not file objections to the Report. However, in the interests of justice and in accordance with 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review. After reviewing the above, the Court is of the opinion that the Magistrate Judge's Report and Recommendation (Docket # 15) should be and is hereby ORDERED adopted.

The Court further ORDERS that the petition of the petitioner be DENIED and DISMISSED WITH PREJUDICE based on the reasons set forth in the Magistrate Judge's Report and Recommendation. It is further ORDERED that petitioner's Motion to Amend (Docket # 4) is DENIED based on the reasons set forth in the Magistrate Judge's Report. Finally, it is ORDERED this action be and is hereby STRICKEN from the active docket of this Court.

The Clerk is directed to transmit true copies of this Order to the petitioner and all counsel of record herein.


Summaries of

Crawford v. U.S.

United States District Court, N.D. West Virginia, Martinsburg
Oct 13, 2005
Civil Action No. 3:04CV23, Criminal Action No. 3:02CR35, (Broadwater) (N.D.W. Va. Oct. 13, 2005)

rejecting Braxton and allowing petitioner to raise claim of ineffective assistance at sentencing despite execution of a waiver of the right to collaterally attack

Summary of this case from Callum v. U.S.

rejecting Braxton and allowing petitioner to raise claim of ineffective assistance at sentencing despite execution of a waiver of the right to collaterally attack

Summary of this case from Smith v. U.S.

rejecting Braxton and allowing petitioner to raise claim of ineffective assistance at sentencing despite execution of a waiver of the right to collaterally attack

Summary of this case from Pierson v. U.S.

rejecting Braxton and allowing petitioner to raise claim of ineffective assistance at sentencing despite execution of a waiver of the right to collaterally attack

Summary of this case from Diaz-Rodriguez v. U.S.
Case details for

Crawford v. U.S.

Case Details

Full title:JONATHAN M. CRAWFORD, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, N.D. West Virginia, Martinsburg

Date published: Oct 13, 2005

Citations

Civil Action No. 3:04CV23, Criminal Action No. 3:02CR35, (Broadwater) (N.D.W. Va. Oct. 13, 2005)

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