Garner v. U.S., 6:11CR00102-002. (2018)
Court: District Court, E.D. Texas
Number: infdco20181005799
Visitors: 15
Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: ORDER OF DISMISSAL ROBERT W. SCHROEDER, III , District Judge . The above-styled and numbered civil action was heretofore referred to United States Magistrate Judge K. Nicole Mitchell. The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration (Docket No. 10). No objections having been timely filed. The .Court agrees with the Magistrate Judge that Petitioner's mot
Summary: ORDER OF DISMISSAL ROBERT W. SCHROEDER, III , District Judge . The above-styled and numbered civil action was heretofore referred to United States Magistrate Judge K. Nicole Mitchell. The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration (Docket No. 10). No objections having been timely filed. The .Court agrees with the Magistrate Judge that Petitioner's moti..
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ORDER OF DISMISSAL
ROBERT W. SCHROEDER, III, District Judge.
The above-styled and numbered civil action was heretofore referred to United States Magistrate Judge K. Nicole Mitchell. The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration (Docket No. 10). No objections having been timely filed. The .Court agrees with the Magistrate Judge that Petitioner's motion is time-barred and that Petitioner has not shown he is entitled to statutory or equitable tolling. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and, therefore, ADOPTS the same as the findings and conclusions of the Court. It is therefore
ORDERED that Garner'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. A certificate of appealability is DENIED. All motions not previously ruled on are DENIED.
The Clerk of the Court is directed to close this case.
Source: Leagle
