USA v. MERCERY

1
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
CEDDRICK DEMON MERCERY, 	:
:
Movant, 	:
: 	Case No. 3:21‐CR‐9‐CAR‐CHW‐1
v. 	:
: 	Proceeding Under 28 U.S.C. § 2255
:
UNITED STATES OF AMERICA, 	:
:
Respondent. 	:
___________________________________ :
ORDER ON REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the United States Magistrate Judge’s Recommendation to
dismiss without prejudice for failure to prosecute under Rule 41(b) of the Federal Rules
of Civil Procedure Movant Ceddrick Demon Mercery’s Motion to Vacate his sentence
pursuant to 28 U.S.C. § 2255. Petitioner has not objected to the Recommendation, and the
time in which to do so has expired.1 Having considered the Recommendation, the Court
agrees with the findings and conclusions of the United States Magistrate Judge. The
Report and Recommendation [Doc. 134] is hereby ADOPTED and MADE THE ORDER
1 Movant has filed three letters with the Court requesting guidance of qualifying for any new
amendments under the Federal Sentencing Guidelines [Doc. 135], copies of the docket sheet, plea
agreement, and statement of reasons [Doc. 136], and seeking credit for time served [Doc. 138]. Movant
did not object to the Report and Recommendation.
Case 3:21-cr-00009-CAR-CHW Document 139 Filed 01/28/26 Page 1 of 2

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OF THE COURT. For the reasons set forth in the Report and Recommendation, the Court
DISMISSES without prejudice Movant’s Motion to Vacate [Doc. 131] for failure to
prosecute pursuant to Rule 41 (b) of the Federal Rules of Civil Procedure. Additionally,
because Movant has failed to make a substantial showing of the denial of a constitutional
right, a certificate of appealability is DENIED.
SO ORDERED this 28th day of January, 2026.
S/ C. Ashley Royal 	______________
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
Case 3:21-cr-00009-CAR-CHW Document 139 Filed 01/28/26 Page 2 of 2