Murray v. United States of America

Filing 5

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 2 Report and Recommendations. ORDERED that Murrays motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED and the case is DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 7/13/2015. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN K. MURRAY, #02281-078

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:15cv495
CRIM. NO. TY-88-20-CR(2)

ORDER OF DISMISSAL
Movant John K. Murray, a prisoner confined at U.S.P. Coleman II, filed the above-styled
and numbered motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255.
Murray was sentenced after a plea of guilty in 1988. The cause of action was referred to United
States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding
that the motion should be dismissed as time-barred. Murray has filed objections.
The Report of the Magistrate Judge, which contains her 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 Murray to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and the objections by Murray
are without merit. As was correctly noted in the Report, Murray’s motion was filed more than
eighteen years beyond the limitations deadline. It is time-barred by any measure. 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 Report and Recommendation (docket entry #2) is ADOPTED. It is
further
ORDERED that Murray’s motion to vacate, set aside or correct his sentence pursuant to 28
U.S.C. § 2255 is DENIED and the case is DISMISSED with prejudice. It is further
ORDERED that a certificate of appealability is DENIED. It is finally

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ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 13th day of July, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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