Rath v. USA

Filing 7

ORDER OF DISMISSAL ADOPTING 3 REPORT AND RECOMMENDATIONS, ORDERED that the motion to vacate, set aside, or correct sentence is DISMISSED without prejudice. It is also ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 2/9/2017. (daj, )

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

VICETH RATH, #12157-078

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VS.
UNITED STATES OF AMERICA

CIVIL ACTION NO. 4:16cv638
CRIM. ACTION NO. 4:05cr76(1)

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Kimberly C. Priest Johnson, who issued a Report and Recommendation concluding that the motion
to vacate, set aside, or correct sentence should be dismissed without prejudice as successive. Movant
filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having
made a de novo review of the objections raised by Movant to the Report, the Court concludes that
the findings and conclusions of the Magistrate Judge are correct, and adopts the same as the findings
and conclusions of the court. Movant fails to show he received permission from the Fifth Circuit
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to file a successive motion.
It is accordingly ORDERED that the motion to vacate, set aside, or correct sentence is
DISMISSED without prejudice. It is also ORDERED that all motions not previously ruled on are
hereby DENIED.
SIGNED this 9th day of February, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE