Houston v. United States of America

Filing 29

ORDER administratively terminating re 25 Report and Recommendations. Signed by Judge William T. Moore, Jr on 1/20/17. (jlm)

.

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

- - ... - , I

MORGAN HOUSTON,
Petitioner,

v.

CASE NOS. CV416-231
CV412-194
CR409-058

UNITED STATES OF AMERICA,
Respondent.

ORDER

Before the Court is the Magistrate Judge's Report and
Recommendation
filed

(Doc.

(Doc.

6).

2),
the

In

to

which

Report

objections

and

have

been

Recommendation,

the

Magistrate Judge denied as moot a motion to extend filed in
case

number

parties,

CV412-194.

the

from this Court.
objections

objection

may

from

dispose

of

like motions to extend without

Fed.
to

an

Judge

Magistrate

disposi ti ve motions

no

Absent

R.

the

Civ.

Pro.

72(a).

Magistrate

the
non-

review

There have been

Judge's

authority

to

dispose of non-dispositive motions. Because this portion of
the Report and Recommendation disposes of a non-dispositive
motion,

the Clerk of Court is DIRECTED to administratively

terminate the Report and Recommendation filed in CV412-194.
However,
Petitioner's

the
28

Magistrate

U.S. C.

2255

Judge
motion

did
filed

recommend
in

case

i

: -· i

,

that
number

JJ -

.'.._I;.· ~ J

CV416-231 be dismissed as successive. This is a dispositive
motion which requires an order of the district court.
R.
the

Civ.

Pro.

record,

72 (b) (3).
the

After a careful de novo review of

Court

determines

objections are without merit.

CV416-231.

As

a

the Court's

result,

2255 motion is DISMISSED.

that

Accordingly,

recommendation is ADOPTED as
number

Petitioner's
the report and

opinion in case

Petitioner's

In addition,

for

in

;forma pauper is

28

U.S.C.

Petitioner is

entitled to a Certificate of Appealability,
any request

Fed.

status

§

not

rendering moot
on appeal.

The

Clerk of Court is DIRECTED to close this case.

so ORDERED this

~Of!-- day of January 2017.

WILLIAM T.
UNITED STATES DI TRICT COURT
SOUTHERN DISTRICT OF GEORGIA

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