Blanton v. USA

Filing 10

ORDER ADOPTING 7 Report and Recommendations. The motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C. 2255 is DENIED and the cause of action is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 01/10/12. cc:pltf 1-10-12(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JAMAL BLANTON, #11096-078 § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 6:11cv649 CRIM. NO. 6:04CR00006-001 ORDER OF DISMISSAL The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation concluding that the above-styled and numbered motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2255 should be denied. The Movant has filed objections. The Report of the Magistrate Judge, which contains his proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by the Movant to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections by the Movant are without merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED that the motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C. § 2255 is DENIED and the cause of action is DISMISSED with prejudice. It is further ORDERED that a certificate of appealability is DENIED. It is finally ORDERED that all motions not previously ruled on are hereby DENIED. So ORDERED and SIGNED this 10th day of January, 2012. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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