Reescano v. United States of America

Filing 21

MEMORANDUM ORDER overruling movant's objections and adopting the magistrate judge's 18 Report and Recommendation. Signed by Judge Thad Heartfield on 11/25/08. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ANDRE RAYMOND REESCANO VS. UNITED STATES OF AMERICA CIVIL ACTION NO. 1:07-CV-308 MEMORANDUM ORDER OVERRULING MOVANT'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Movant Andre Raymond Reescano, a federal prisoner, proceeding pro se, filed this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255. The court ordered that this matter be referred 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. The magistrate judge recommends dismissing the motion as barred by the statute of limitations. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Movant filed objections to the magistrate judge's 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 concludes the objections are without merit. This motion to vacate sentence is barred by the statute of limitations, and movant has not presented any circumstances warranting equitably tolling the limitations period. In addition, movant's federal sentence, as it was imposed by the sentencing court, has been correctly calculated by the Bureau of Prisons. 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 in this case in accordance with the magistrate judge's recommendation. SIGNED this the 25 day of November, 2008. ____________________________ Thad Heartfield United States District Judge 2

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