Magana v. USA

Filing 9

ORDER OF DISMISSAL adopting 8 REPORT AND RECOMMENDATION. It is accordingly ORDERED that Movants Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (# 1 ) pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED with prejudice. A Certificate of Appealability is also DENIED. All motions by either party not previously ruled upon are DENIED. Signed by District Judge Marcia A. Crone on 03/25/2024. (XL)

UNITED STATES DISTRICT COURT

LORENZO MAGANA, #65470-019
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:20-CV-958
CRIMINAL ACTION NO. 4:13-CR-14(1)

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 (#8) recommending
that the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed
pursuant to 28 U.S.C. § 2255 should be denied and dismissed with prejudice. 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 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 DENIED and
DISMISSED with prejudice. A Certificate of Appealability is also DENIED. All motions by
either party not previously ruled upon are DENIED.
SIGNED at Beaumont, Texas, this 25th day of March, 2024.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE