Bowey v. USA, No. 6:2010cv00013 - Document 13 (E.D. Tex. 2010)

Court Description: ORDER ADOPTING 11 Report and Recommendations. Pltf's 1 Motion to vacate, set aside or correct sentence is DISMISSED without prejudice. The Final Judgment issued in 6:08cr80(1) is VACATED and the Clerk shall re-enter the Final Judgment. John Rex Thompson is appointed to represent Paul Charles Bowey on appeal. All other motions by either party not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 08/10/10. cc:pltf & dft 8-10-10(mll, )

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Bowey v. USA Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION PAUL CHARLES BOWEY, #15083-078 § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 6:10cv13 CRIM. NO. 6:08CR00080-001 ORDER OF DISMISSAL The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge John D. Love. 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, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions of the Court. It is therefore ORDERED that the motion to vacate, set aside or correct a sentence pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice. It is further ORDERED that the Final Judgment (docket entry #19) issued in United States v. Bowey, Criminal No. 6:08CR00080-001, is VACATED and the Clerk of Court shall re-enter the Final Judgment. It is further ORDERED that John Rex Thompson is appointed to represent Paul Charles Bowey on appeal. It is finally 1 Dockets.Justia.com ORDERED that all other motions by either party not previously ruled on are hereby DENIED. So ORDERED and SIGNED this 10th day of August, 2010. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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