Mayo v. USA

Filing 7

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 5 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, construe d as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, 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 4/2/2019. (daj, )

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UNITED STATES DISTRICT COURT RODNEY DSHANE MAYO, #43959-177 versus UNITED STATES OF AMERICA EASTERN DISTRICT OF TEXAS § § § § § CIVIL ACTION NO. 4:17-CV-739 CRIMINAL ACTION NO. 4:11CR00248-008 ORDER OF DISMISSAL The above-entitled and numbered civil action was referred to United States Magistrate Judge Christine A. Nowak. 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 is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts 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, construed as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, is DENIED, and the case is DISMISSED with prejudice. All motions by either party not previously ruled upon are DENIED. Signed this date Apr 2, 2019

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