Cary v. USA
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendation. ORDERED that the motion to vacate, set aside or correct Cary's sentence pursuant to 28 U.S.C. § 2255 is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/26/2013. (kls, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MICHAEL G. CARY, SR., #15321-078
UNITED STATES OF AMERICA
CIVIL ACTION NO. 4:09cv561
CRIM. NO. 4:08CR0093-001
ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Don D. Bush. The Report and Recommendation of the Magistrate Judge, which
contains proposed findings of fact and recommendations for the disposition of such action, has been
presented for consideration, and no objections thereto having been timely filed, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and adopts same as the
findings and conclusions of the Court. It is therefore
ORDERED that the motion to vacate, set aside or correct Cary’s sentence pursuant to 28
U.S.C. § 2255 is DENIED and the case is DISMISSED with prejudice. A certificate of appealability
is DENIED. All motions not previously ruled on are hereby DENIED.
SIGNED this the 26th day of March, 2013.
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
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