Hayward v. United States of America

Filing 6

MEMORANDUM ORDER adopting the magistrate judge's 4 Report and Recommendation. The 3 MOTION to Dismiss is denied. The United States shall file a response addressing the merits of the motion to vacate within 30 days of the date set forth below. Signed by Judge Thad Heartfield on 4/7/2010. (bjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JOSHUA JEROME HAYWARD VS. UNITED STATES OF AMERICA § § § CIVIL ACTION NO. 1:09cv846

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Joshua Jerome Hayward, proceeding pro se, filed the above-styled motion to vacate, set aside or correct sentence. The court referred the matter to the Honorable Earl S. Hines, United States Magistrate Judge, for consideration pursuant to applicable orders of this court. The United States has filed a motion to dismiss. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. No objections to the Report and Recommendation were filed by the parties. ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. The motion to dismiss is DENIED. The United States shall file a response addressing the merits of the motion to vacate within 30 days of the date set forth below.

SIGNED this the 7 day of April, 2010.

____________________________ Thad Heartfield United States District Judge