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, )

UNITED STATES DISTRICT COURT

JAMES DOUGLAS NICHOLS, #16570078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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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

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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.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE