Donnell v. USA

Filing 16

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 12 Report and Recommendation. ORDERED that the cause of action, construed as a motion to vacate, set aside or correct Donnell's sentence pursua nt to 28 U.S.C. § 2255, is DENIED and the case is DISMISSED without prejudice. Fed. R. Civ. P. 41(b). A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 9/7/2016. (kls, )

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

LAMON SANDEL DONNELL, #16879-078 §
VS.

§

UNITED STATES OF AMERICA

CIVIL ACTION NO. 4:16cv370
CRIM NO. 4:10CR00065-006

§
ORDER OF DISMISSAL

Movant Lamon Sandel Donnell, a prisoner confined at F.C.I. Seagoville, proceeding pro
se, filed the above-styled and numbered lawsuit in an effort to challenge his conviction. On April
25, 2013, Donnell was sentenced to 240 months of imprisonment for the offense of conspiracy to
possess with intent to distribute 3, 4-Methylenedioxymethamphetamine (ecstasy), in violation of
21 U.S.C. § 846. The conviction was affirmed. United States v. Donnell, 557 F. App’x 335 (5th
Cir. 2014). Donnell’s claims are incoherent, but the lawsuit was construed as a motion to vacate,
set aside or correct his sentence pursuant to 28 U.S.C. § 2255. The case was referred to United
States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation
concluding that the lawsuit should be dismissed. Donnell has filed objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and
having made a de novo review of the objections raised by Donnell to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and Donnell’s
objections lack merit. Therefore the Court hereby adopts the findings and conclusions of the
Magistrate Judge as the findings and conclusions of the Court. It is accordingly

.

ORDERED that the cause of action, construed as a motion to vacate, set aside or correct
Donnell’s sentence pursuant to 28 U.S.C. § 2255, is DENIED and the case is DISMISSED without
prejudice. Fed. R. Civ. P. 41(b). A certificate of appealability is DENIED. All motions not
previously ruled on are hereby DENIED.

SIGNED this 7th day of September, 2016.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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