Ellis v. USA

Filing 18

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendation. ORDERED that Marcus Deangelo Ellis Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) p ursuant to 28 U.S.C. § 2255 is DENIED, and the 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 3/11/2015. (kls, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MARCUS DEANGELO ELLIS, #15080-035
versus
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:14-CV-180
CRIMINAL ACTION NO. 4:10CR00189-001

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Don D. Bush, who issued a Report and Recommendation concluding that Marcus Deangelo Ellis’
Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) pursuant to
28 U.S.C. § 2255 should be denied and dismissed with prejudice. 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 same as the findings and conclusions of the Court. It is accordingly
ORDERED that Marcus Deangelo Ellis’ 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 the 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 11th day of March, 2015.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE