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Dixon v. United States

United States District Court, N.D. Georgia, Atlanta Division

September 16, 2014

TREMAYNE DIXON, Movant,
v.
UNITED STATES OF AMERICA, Respondent. Criminal Action No. 1:12-CR-0109-WBH-1

ORDER

WILLIS B. HUNT, Jr., District Judge.

This matter is before the Court for consideration of the Report and Recommendation (R&R), [Doc. 45], in which the Magistrate Judge recommends that the instant 28 U.S.C. ยง 2255 motion to vacate, [Doc. 34], be denied because the valid appeal waiver in Movant's plea agreement bars both grounds in his motion to vacate. In the absence of objection from Movant, this Court concludes that the Magistrate Judge's findings and conclusions are correct.

Accordingly, this Court ADOPTS the R&R, [Doc. 45], as the Order of this Court. The motion to vacate, [Doc. 34], is DENIED, a certificate of probable cause to appeal is DENIED, and the Clerk is DIRECTED to enter judgment in favor of Respondent and to close the civil action.

IT IS SO ORDERED.


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