Worth et al USA

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS - orders that Respondents motion to dismiss is GRANTED. Case is DISMISSED WITH PREJUDICE. Petitioner is DENIED a certificate of appealability and all pending motions are DENIED. Signed by Judge T. John Ward on 12/10/09. (ch, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION GREGORY DEWAYNE WORTH VS. CIVIL ACTION NO. 2:08cv481 CRIMINAL ACTION NO. 2:05cr3 UNITED STATES OF AMERICA ORDER ADOPTING REPORT AND RECOMMENDATION On December 29, 2008, Petitioner filed a motion to vacate/correct illegal sentence pursuant to 28 U.S.C. 2255. Pursuant to 28 U.S.C. 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges, the motion was referred to United States Magistrate Judge Charles Everingham. The Magistrate Judge presented for consideration the Magistrate Judge's Report, containing proposed findings of fact and recommendations for disposition of this case. No objections were filed. This Court finds that the Magistrate Judge's findings and conclusions are correct, and adopts them as the Court's findings and conclusions. The Court therefore ORDERS that Respondent's motion to dismiss (dkt#5) is GRANTED; ORDERS, ADJUDGES, and DECREES that this action is DISMISSED WITH PREJUDICE; ORDERS that Petitioner is DENIED a certificate of appealability, and ORDERS that all motions not previously ruled on are DENIED. SIGNED this 10th day of December, 2009. __________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE 2

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