Alberty v. USA

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 7 Report and Recommendations. ORDERED that Alberty's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 is DENIED and the case is hereby DISMISSED WITH PREJUDICE. Further, it is ORDERED that any motion not previously ruled on is DENIED. Signed by Judge Richard A. Schell on 1/9/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

ERIC LAMONT ALBERTY
v.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:14 CV85
CRIMINAL NO. 4:09CR197(2)

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. The Report recommends that Eric Lamont Alberty’s Motion to Vacate, Set Aside
or Correct Sentence pursuant to 28 U.S.C. § 2255 be denied and the case dismissed with prejudice.
Alberty has filed no written objections.
Accordingly, it is ORDERED that Alberty’s Motion to Vacate, Set Aside or Correct
Sentence pursuant to 28 U.S.C. § 2255 is DENIED and the case is hereby DISMISSED WITH
PREJUDICE.
Further, it is ORDERED that any motion not previously ruled on is DENIED.
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SIGNED this the 9th day of January, 2017.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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