Gavina v. USA
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. ORDERED that the 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 by Judge Marcia A. Crone on 3/1/2017. (daj, )
UNITED STATES DISTRICT COURT
ROBERTO GAVINA, #1348100
UNITED STATES OF AMERICA
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 4:16-CV-610
CRIMINAL ACTION NO. 4:05CR00074-001
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 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 the 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 1st day of March, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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