Tyson V USA

Filing 9

ORDER OF DISMISSAL ADOPTING 4 REPORT AND RECOMMENDATION. 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. A certificate of appealability is DENIED. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 2/8/2017. (daj, )

UNITED STATES DISTRICT COURT

CURTIS RAY TYSON, #14590-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:16-CV-794
CRIMINAL ACTION NO. 4:07-CR-164(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 filed pursuant to 28 U.S.C. § 2255 should be
dismissed without prejudice. 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 the objections of Movant are
without merit.
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. A certificate of appealability is DENIED. All motions by either party not
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previously ruled upon are DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Sherman, Texas, this 8th day of February, 2017.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE