Moore v. USA

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 2/6/2020. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
JERRY LYNN MOORE, #23256-078

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 2:17cv537
CRIM NO. 2:15cr4

ORDER OF DISMISSAL
Movant Jerry Lynn Moore, a federal prisoner confined at the Federal Correctional Institute
in Seagoville, Texas, brings this motion to vacate, set aside, or correct his federal sentence pursuant
to 28 U.S.C. § 2255. The motion was referred to the United States Magistrate Judge, the Honorable
Roy S. Payne, for findings of fact, conclusions of law, and recommendations for disposition of the
case.
On November 27, 2019, Judge Payne issued a Report, (Dkt. #18), recommending that
Movant’s section 2255 motion be denied, and that Movant be denied a certificate of appealability
sua sponte. A copy of this Report was sent to Movant at his address, with an acknowledgment
card. However, to date, no objections to the Report have been filed.
Because objections to Judge Payne’s Report have not been filed, Movant is barred from de
novo review by the District Judge of those findings, conclusions, and recommendations and, except
upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings
and legal conclusions accepted and adopted by the district court. Douglass v. United Services Auto.
Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
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(1989) (holding that where no objections to a Magistrate Judge’s Report are filed, the standard of
review is “clearly erroneous, abuse of discretion and contrary to law.”). Accordingly, it is
.
ORDERED that the Report of the United States Magistrate Judge, (Dkt. #18), is
ADOPTED as the opinion of the Court. Further, it is
ORDERED that Movant’s section 2255 motion is DENIED. Movant is DENIED a
certificate of appealability sua sponte. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.
So ORDERED and SIGNED this 6th day of February, 2020.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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