USA v. Gaby

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 #:
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