USA v. Purnell

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ALDEN G. PURNELL, )
)
Petitioner, )
) CRIM. ACT. NO. 1:20-cr-25-TFM-B
vs. ) CIV. ACT. NO. 1:21-cv-489-TFM-B
)
UNITED STATES OF AMERICA, )
)
Respondent. )
MEMORANDUM OPINION AND ORDER
On October 18, 2024, the Magistrate Judge entered a report and recommendation which
recommends this petition brought pursuant to 28 U.S.C. § 2255 be denied and this action be
dismissed with prejudice. See Doc. 77. The Magistrate Judge also recommends that a certificate
of appealability be granted as to a single issue. Id. No objections were filed.
Accordingly, after due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Report and Recommendation of
the Magistrate Judge is ADOPTED and this petition brought pursuant to 28 U.S.C. § 2255 is
DENIED and DISMISSED with prejudice. Additionally, the Court determines that Petitioner
be granted a Certificate of Appealability as to whether counsel was ineffective for failing to file a
notice of appeal after allegedly being requested to do so. The Certificate of Appealability is only
applicable to this question and not any other issues raised in the petition.
A separate judgment will issue pursuant to Fed. R. Civ. P. 58.
DONE and ORDERED this 10th day of March, 2025.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
Case 1:20-cr-00025-TFM-B Doc# 79 Filed 03/10/25 Page 1 of 1 PageID#
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