Ceja-Vargas v. USA

Filing 13

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. It is therefore ORDERED the motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice to Mov ant's right to file a motion for leave to file a successive § 2255 motion in the United States Court of Appeals for the Fifth Circuit. It is further ORDERED all motions by either party not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 7/26/2019. (daj, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION ALBERTO CEJA-VARGAS, #24429379 VS. UNITED STATES OF AMERICA § § § § § CIVIL ACTION NO. 4:17cv711 CRIMINAL ACTION NO. 4:13cr175(1) ORDER OF DISMISSAL This 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. 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 therefore ORDERED the motion to vacate, set aside, or correct sentence filed pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice to Movant’s right to file a motion for leave . to file a successive § 2255 motion in the United States Court of Appeals for the Fifth Circuit. It is further ORDERED all motions by either party not previously ruled on are hereby DENIED. SIGNED this 26th day of July, 2019. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE

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