Smith v. USA

Filing 6

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 5 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 DISMISSED without prejudice. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 1/17/2017. (daj, )

UNITED STATES DISTRICT COURT

ERIC DESHAUN SMITH, #20890-078

EASTERN DISTRICT OF TEXAS

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versus
UNITED STATES OF AMERICA

CIVIL ACTION NO. 4:15-CV-713
CRIMINAL ACTION NO. 4:13-CR-29(1)

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,
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 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 DISMISSED
without .prejudice. 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 17th day of January, 2017.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE