Wimberly v. USA

Filing 9

ORDER adopting 7 Report and Recommendation and granting 6 Motion to Voluntarily Dismiss. Signed by Judge Ron Clark on 2/23/15. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JEREMY JAMES WIMBERLY § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 1:14cv686 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Jeremy James Wimberly, proceeding pro se, filed this motion to vacate, set aside or correct sentence. The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of this court. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge recommending that movant’s motion to dismiss be granted and this motion to vacate dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a). The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. No objections were filed to the Report and Recommendation. 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 as the opinion of the court. The motion to dismiss is GRANTED. A final judgment shall be entered in accordance with the recommendation of the Magistrate Judge. So ORDERED and SIGNED this 23 day of February, 2015. ___________________________________ Ron Clark, United States District Judge

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