Earnhart v. USA

Filing 15

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 13 Report and Recommendation. ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and Movant's case is DISMISSED with prejudice. A certificate of appealability is DENIED. Finally, it is ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/29/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JONATHAN M. EARNHART, #10915-078

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:09cv145

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Don D. Bush, who issued a Report and Recommendation concluding that the motion to vacate, set
aside, or correct sentence should be denied and dismissed with prejudice. Movant has filed
objections.
The Report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having
made a de novo review of the objections raised by Movant to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and adopts the same as the
findings and conclusions of the Court.

It is accordingly

ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and
Movant’s case is DISMISSED with prejudice. A certificate of appealability is DENIED. Finally,
it is
ORDERED that all motions not previously ruled on are hereby DENIED.
.

SIGNED this the 29th day of March, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE