Collinsworth v. USA

Filing 15

ORDER OF DISMISSAL adopting 9 Report and Recommendation. It is therefore ORDERED 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. It is also ORDERED that all motions by either party not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 3/23/2021. (mcg)

Case 4:18-cv-00083-ALM-KPJ Document 15 Filed 03/23/21 Page 1 of 2 PageID #: 81

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

SCOTT ALAN COLLINSWORTH, 20295-078 §
§
VS.
§
§
UNITED STATES OF AMERICA
§

CIVIL ACTION NO. 4:18cv83
CRIMINAL ACTION NO. 4:12cr181(19)

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 as time-barred, and the case be dismissed
with prejudice. Movant filed objections.
In his objections, Movant merely reasserts the claims raised in his § 2255 motion and
generally complains that the Court did not address the substance of his issues. When a movant is
procedurally barred, as in this case, the Court does not have jurisdiction to consider the merits of the
issues raised. Barrientos v. United States, 668 F.2d 838, 842 (5th Cir. 1982). Movant fails to show
he is entitled to relief or that the Report and Recommendation was in error.
Having conducted a de novo review of Movant’s objections, 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.

Case 4:18-cv-00083-ALM-KPJ Document 15 Filed 03/23/21 Page 2 of 2 PageID #: 82

.
It is therefore ORDERED 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. It is
also ORDERED that all motions by either party not previously ruled on are hereby DENIED.

SIGNED this 23rd day of March, 2021.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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