Nichols v. USA

Filing 73

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 69 Report and Recommendations. 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 this 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 10/18/2017. (daj, )

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UNITED STATES DISTRICT COURT JAMES DOUGLAS NICHOLS, #16570078 versus UNITED STATES OF AMERICA EASTERN DISTRICT OF TEXAS § § § § § CIVIL ACTION NO. 4:13CV56 CRIMINAL ACTION NO. 4:09CR222(2) ORDER OF DISMISSAL The above-entitled and numbered civil action was referred to United States Magistrate Judge Kimberly C. Priest Johnson. The Report and Recommendation of the Magistrate Judge (#69), which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and no objections having been timely 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 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 this 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 18th day of October, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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