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)

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. 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 2

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