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United States v. Murdock

United States District Court, D. Maine, Dana Haven

June 17, 2015

UNITED STATES OF AMERICA,
v.
ERIC MURDOCK, Defendant/Petitioner Criminal No. 2:11-cr-08-DBH

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

D. Brock Hornby United States District Judge

On May 6, 2015, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on 28 U.S.C. § 2255 Motion.

The petitioner filed his objection to the Recommended Decision on May 28, 2015. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision It is therefore Ordered that the Recommended Decision of the Magistrate Judge is hereby Adopted. The petitioner’s motion was not timely filed under 28 U.S.C. § 2255(f)(2), (3) and (4), but the petitioner has established a prima facie case that he timely filed the motion in accordance with section 2255(f)(1).

Therefore, the government’s request for summary dismissal is Denied. The Magistrate Judge shall set further deadlines in this case.

So Ordered.


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