Horne v. United States of America

Filing 5

MEMORANDUM ORDER adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 7/31/2012. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TOMMY JAMES HORNE

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:11cv526

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Tommy James Horne, proceeding pro se, filed what has been construed as a motion to
vacate, set aside or correct sentence. The court referred this matter to the Honorable Zack
Hawthorn, United States Magistrate Judge. The magistrate judge has submitted a Report and
Recommendation of United States Magistrate Judge recommending this matter be dismissed as
improvidently filed and that the Clerk of Court be directed to file documents 1 and 3 in this
matter as motions for relief from judgment in civil action number 1:07cv46.
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 set forth in the Report and
Recommendation of United States Magistrate Judge are correct and the Report and
Recommendation is ADOPTED. A final judgment shall be entered dismissing this
matter. The Clerk of Court is directed to file documents 1 and 3 in this matter as motions for
relief from judgment in civil action number 1:07cv46.
SIGNED this the 31 day of July, 2012.

____________________________
Thad Heartfield
United States District Judge