Rogers v. USA

Filing 15

MEMORANDUM ORDER adopting 12 Report and Recommendation. Ordered that the above-styled motion to vacate or correct sentence is dismissed with prejudice. Ordered that the Movant Willie Duane Rogers is denied a certificate of appealability sua sponte. Ordered that any and all motions which may be pending in this civil action are hereby denied. Signed by Judge Thad Heartfield on 5/18/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WILLIE DUANE ROGERS

§

v.

§

UNITED STATES OF AMERICA

§

CIVIL ACTION NO. 6:16cv208
Crim. No. 6:13cr39(3)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Movant Willie Rogers, proceeding pro se, filed this motion to vacate or correct his
sentence under 28 U.S.C. §2255, complaining of the validity of his conviction. This Court ordered
that the matter be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1)
and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to
United States Magistrate Judges.
After review of the pleadings, the Magistrate Judge issued a Report recommending that
Rogers’ motion to vacate sentence be denied. Rogers received a copy of this Report on March 27,
2017, but no objections have been received; accordingly, he is barred from de novo review by the
District Judge of those findings, conclusions, and recommendations and, except upon grounds of
plain error, from appellate review of the unobjected-to factual findings and legal conclusions
accepted and adopted by the district court. Douglass v. United Services Automobile Association,
79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
The Court has examined the pleadings in this cause and the Report of the Magistrate Judge
and has concluded that this Report is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th
Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a Magistrate Judge’s

1

Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to
law.”) It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 12) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled motion to vacate or correct sentence is DISMISSED
WITH PREJUDICE. It is further
ORDERED that the Movant Willie Duane Rogers is DENIED a certificate of appealability
sua sponte. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.
SIGNED this the 18 day of May, 2017.

____________________________
Thad Heartfield
United States District Judge

2