2:19-cr-20039•USA v. Gaby
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION UNITED STATES OF AMERICA PLAINTIFF v. No. 2:19-cr-20039 CECIL GABY DEFENDANT OPINION AND ORDER The Court has received a report and recommendation (“R&R”) (Doc. 46) from United States Magistrate Judge Christy D. Comstock. The Magistrate Judge recommends denying Defendant Cecil Gaby’s motion to vacate under 28 U.S.C. § 2255 (Doc. 31) because his claim is procedurally defaulted due to his failure to file a direct appeal. The Magistrate Judge also recommends denying the motion because it is without merit. The Court granted Mr. Gaby’s request for an extension to file objections to the R&R. See Doc. 49. However, over a month has passed since Mr. Gaby’s extended deadline, and he has not filed objections. Nevertheless, the Court has conducted a de novo review of the R&R. See 28 U.S.C. § 636(b)(1)(C). The Magistrate Judge’s findings contain no clear error, and the R&R is ADOPTED IN ITS ENTIRETY. IT IS THEREFORE ORDERED that Mr. Gaby’s motion to vacate under 28 U.S.C. § 2255 (Doc. 31) is DISMISSED WITH PREJUDICE. No certificate of appealability shall issue. Judgment will be entered accordingly. IT IS SO ORDERED this 11th day of April, 2024. /s/P. K. Holmes , III P.K. HOLMES, III U.S. DISTRICT JUDGE Case 2:19-cr-20039-SOH Document 50 Filed 04/11/24 Page 1 of 1 PageID #: <pageID>
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