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)

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UNITED STATES DISTRICT COURT LORENZO MAGANA, #65470-019 versus UNITED STATES OF AMERICA EASTERN DISTRICT OF TEXAS § § § § § 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. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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