Smith v. USA
Filing
11
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION for 9 Report and Recommendation. ORDERED that the motion to vacate, set aside or correct sentence is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. It is further ORDERED that all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/24/2015. (kls, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
KEVIN MORAN SMITH, #16078-078
VS.
UNITED STATES OF AMERICA
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CIVIL ACTION NO. 4:11cv745
CRIMINAL ACTION NO. 4:08cr107(7)
ORDER OF DISMISSAL
The above-entitled and numbered civil action was 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. No objections were filed. The court concludes 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 therefore
ORDERED that the motion to vacate, set aside or correct sentence is DENIED and the case
is DISMISSED with prejudice. A certificate of appealability is DENIED. It is further
ORDERED that all motions by either party not previously ruled on are hereby DENIED.
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SIGNED this the 24th day of March, 2015.
_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE
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