Malone v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Signed by Judge David Folsom on 1/4/2010. (mrm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION CHARLES MALONE VS. UNITED STATES OF AMERICA CIVIL ACTION NO. 5:08-CV-80 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Movant Charles Malone, a federal prisoner currently confined at the Bowie County Correctional Center, proceeding pro se, brought this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends that the motion to vacate, set aside or correct sentence be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. ORDER . Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation. SIGNED this 4th day of January, 2010. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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