McDuff v. USA

Filing 29

ORDER OF DISMISSAL adopting 19 Report and Recommendation. It is accordingly ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and Movant's case is DISMISSED with prejudice. A certificate of appealability is DENIED. Finally, it is ORDERED that all motions not previously ruled on are hereby DENIED. Signed by District Judge Richard A. Schell on 11/22/2020. (daj, )

Case 4:17-cv-00391-RAS-KPJ Document 29 Filed 11/22/20 Page 1 of 1 PageID #: 952

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

GARY LYNN MCDUFF, #59934-079
VS.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:17cv391
CRIMINAL ACTION NO. 4:09cr90(2)

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 denied and dismissed with prejudice.
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 is of the
opinion 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 the motion to vacate, set aside, or correct sentence is
DENIED and Movant’s case is DISMISSED with prejudice. A certificate of appealability is
DENIED. Finally, it is ORDERED that all motions not previously ruled on are hereby DENIED.

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SIGNED this the 22nd day of November, 2020.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE