Duran v. USA

Filing 36

ORDER OF DISMISSAL adopting 35 Report and Recommendation. It is accordingly ORDERED that Movants 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. All motions by either party not previously ruled upon are DENIED. Signed by District Judge Marcia A. Crone on 3/24/2020. (daj, )

UNITED STATES DISTRICT COURT

GILBERT DURAN, #09533-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:16-CV-851
CRIMINAL ACTION NO. 4:14-CR-53(9)

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 (#35) concluding
that the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed
pursuant to 28 U.S.C. § 2255 should be denied and dismissed with prejudice. No objections were
timely filed.
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.
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 DENIED and the
case is DISMISSED with prejudice. All motions by either party not previously ruled upon are
DENIED.
SIGNED at Beaumont, Texas, this 24th day of March, 2020.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE