Flatt v. USA

Filing 9

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 8 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. Signed by Judge Richard A. Schell on 9/27/2012. (kls, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION TONY FLATT, #14430-078 § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO.4:12cv22 CRIM NO. 4:07cr76(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, 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 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. . SIGNED this the 27th day of September, 2012. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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