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VACATED PURSUANT TO 9 ORDER. ORDER adopting 5 Report and Recommendations; that the 28 U.S.C 2255 motion filed by Booker on September 22, 2004 is DENIED and that this case is DISMISSED with prejudice, as the court lacks jurisdiction to consider Booker's claims for relief . Signed by Judge Mark E. Fuller on 4/17/2006. (cc, ) Modified on 4/25/2006 (cb, ). 2:2004cv01013 Alabama Middle District Court