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Brisco v. U.S.

United States District Court, E.D. Texas, Beaumont Division
Nov 29, 2006
CIVIL ACTION NO. 1:06cv233 (E.D. Tex. Nov. 29, 2006)

Opinion

CIVIL ACTION NO. 1:06cv233.

November 29, 2006


MEMORANDUM ORDER OVERRULING MOVANT'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION


Jeffery Duane Brisco, proceeding pro se, filed this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255.

The court previously referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge concerning the motion to vacate. The magistrate judge recommends the motion to vacate be dismissed.

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. Movant filed objections to the Report and Recommendation.

The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court agrees with the magistrate judge's conclusion that movant validly waived his right to collaterally attack his conviction in his plea agreement. The objections are therefore without merit.

ORDER

Accordingly, movant's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered dismissing the motion to vacate.


Summaries of

Brisco v. U.S.

United States District Court, E.D. Texas, Beaumont Division
Nov 29, 2006
CIVIL ACTION NO. 1:06cv233 (E.D. Tex. Nov. 29, 2006)
Case details for

Brisco v. U.S.

Case Details

Full title:JEFFERY DUANE BRISCO v. UNITED STATES OF AMERICA

Court:United States District Court, E.D. Texas, Beaumont Division

Date published: Nov 29, 2006

Citations

CIVIL ACTION NO. 1:06cv233 (E.D. Tex. Nov. 29, 2006)