Cruz v. USA

Filing 8

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 4 Report and Recommendation. ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DENIED, and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 1/5/2012. (kls, )

UNITED STATES DISTRICT COURT

MANUEL CRUZ, #06496-078

EASTERN DISTRICT OF TEXAS

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versus
UNITED STATES OF AMERICA

CIVIL ACTION NO. 4:11-CV-304
CRIMINAL ACTION NO. 4:09-CR-151(3)

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Amos L. Mazzant, who issued a Report and Recommendation concluding that the motion to vacate,
set aside, or correct his sentence filed pursuant to 28 U.S.C. § 2255 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 the objections of Movant
are without merit. It is accordingly
ORDERED that Movant’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DENIED, and the case is DISMISSED with
prejudice. A certificate of appealability is DENIED. All motions by either party not previously
.
ruled upon are DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 5th day of January, 2012.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE