Chang v. USA

Filing 5

Order Accepting 4 Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Accordingly, the court denies Petitioners Petition for a Writ of Error Coram Nobis; and dismisses without prejudice this action for lack of jurisdiction. (Ordered by Judge Sam A Lindsay on 2/21/2017) (epm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SAMMY SUNGBUM CHANG, aka SUNG BUM CHANG, Petitioner, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § § Civil Action No. 3:17-CV-98-L ORDER This habeas case, which was brought as a petition for writ of error coram nobis, was referred to United States Magistrate Judge Irma Carrillo Ramirez, who entered the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”) on January 13, 2017. The Report recommends that the court deny Petitioner’s habeas petition and dismiss without prejudice this action for lack of jurisdiction. Alternatively, to the extent the petitioner is no longer in custody for purposes of 28 U.S.C. § 2255, the Report recommends the petition for writ of error coram nobis be denied. No objections were filed to the Report. Having reviewed the Report and the record in this case, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court denies Petitioner’s Petition for a Writ of Error Coram Nobis; and dismisses without prejudice this action for lack of jurisdiction. It is so ordered this 21st day of February, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Solo Page

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