Gharib v. USA

Filing 14

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 12 Report and Recommendations. It is accordingly ORDERED that the Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) p ursuant 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 District Judge Marcia A. Crone on 2/4/2019. (daj, )

UNITED STATES DISTRICT COURT

CYRUS GHARIB, #27652-177
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

§
§
§
§
§

CIVIL ACTION NO. 4:17-CV-56
CRIMINAL ACTION NO. 4:14-CR-53(01)

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
Movant’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody
pursuant to 28 U.S.C. § 2255 should be denied. Movant has 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 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 4th day of February, 2019.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE