McGilvrey v. USA

Filing 4

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this motion to vacate, set aside or correct judgment be dismissed as improvidently filed. Signed by Judge Marcia A. Crone on 4/12/13. (mrp, )

UNITED STATES DISTRICT COURT

MINDY KAY MCGILVREY,
Movant,
versus
UNITED STATES OF AMERICA,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:13-CV-70

MEMORANDUM ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Movant, Mindy Kay McGilvrey, proceeding pro se, filed a motion for extension of time
to file a motion to vacate, set aside, or correct judgment pursuant to 28 U.S.C. § 2255.1
The Court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court.
The Magistrate Judge recommends the motion to vacate, set aside or correct judgment be dismissed
as improvidently filed.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No
objections to the Report and Recommendation have been filed by either party to date.
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. A final judgment will be entered in this case

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In reviewing the motion, it was determined that movant already has a motion to vacate, set aside, or correct
judgment pending in civil action no. 1:12cv441 concerning the same conviction. When filing the present
motion for extension of time, movant did not provide the civil action number from her original case. The
Clerk of Court, therefore, docketed the motion as a new § 2255 motion.

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in accordance with the Magistrate Judge’s recommendations.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 12th day of April, 2013.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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