Gutierrez v. United States Of America

Filing 9

ORDER denying 4 Motion to Dismiss; denying 2 Motion to hold in abayence; adopting 7 Report and Recommendations. Respondent shall have sixty (60) days from the date of this order to file its brief on the merits. Signed by Judge Dudley H. Bowen on 6/15/09. (aeg)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA ZO3? jiJ: AUGUSTA DIVISION ROBERTO A. GUTIERREZ, Petitioner, V. UNITED STATES OF AMERICA, Respondent. CV 109-003 (Formerly CR 105-07 1)
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ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, the motion to dismiss is DENIED, (doc. no. 4), and Petitioner's motion to hold his § 2255 motion is DENIED, (doc. no.2). Respondent shall have sixty (60) days from the date of this Order to file its brief on the merits.1 SO ORDERED this jy of June, 20097Augusta,

UNITED STAThS DISTRICT

1 1f Mr. Charles H.S. Lyons, III, Petitioner's former counsel, is in possession of the trial transcript andior any other related materials and wishes to let Petitioner have access to the same, Mr. Lyons is hereby authorized to send them to Petitioner at the following address: Roberto A. Gutierrez, Inmate No. 1233 1-021, United States Penitentiary-Atlanta, P.O. Box 150160, Atlanta, Georgia, 30315. The CLERK is DIRECTED to serve a copy of this Order on Mr. Lyons at his address of record at 336 Telfair Street, Augusta, Georgia 30901.