November 18, 2010
Upon consideration of the Report and Recommendation of the Magistrate Judge filed on November 1, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing the objections to the Recommendation, the Recommendation is adopted as the opinion of the Court.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The emergency motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 347) is DISMISSED as untimely and successive.
DONE AND ORDERED this 18th day of November, 2010.