Kelly v. USA

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations. 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. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 7/5/2017. (daj, )

UNITED STATES DISTRICT COURT

PATRICK F. KELLY #14142-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:17-CV-187
CRIMINAL ACTION NO. 4:06-CR-297(1)

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
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 DISMISSED
without prejudice. All motions by either party not previously ruled upon are DENIED.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 5th day of July, 2017.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE