Cabrera v. USA

Filing 17

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 16 Report and Recommendations. It is therefore ORDERED that the Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Dkt. #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 not previously ruled on are DENIED. Signed by District Judge Richard A. Schell on 3/19/2019. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ALEJANDRO CABRERA, #88036-179
VS.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:16cv228
CRIMINAL NO. 4:10CR00140-011

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore 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 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 therefore ORDERED that the Motion to Vacate, Set Aside or Correct Sentence by
a Person in Federal Custody (Dkt. #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 not
previously ruled on are DENIED.

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SIGNED this the 19th day of March, 2019.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE