Nelson v. USA
Filing
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MEMORANDUM ORDER adopting 6 Report and Recommendation. The motion to vacate or correct sentence is dismissed with prejudice. Movant Nelson is denied a certificate of appealability sua sponte. All motions which may remain pending are denied. Signed by District Judge Ron Clark on 1/20/19. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ANTHONY NELSON
§
v.
§
UNITED STATES OF AMERICA
§
CIVIL ACTION NO. 6:17cv194
Crim. No. 6:14cr21(1)
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Movant Anthony Nelson, 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
Nelson’s motion to vacate sentence be denied. Nelson received a copy of this Report but filed no
objections thereto; 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
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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. 6) 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 Anthony Nelson 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.
So Ordered and Signed
Jan 20, 2019
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