Allison v. USA

Filing 13

ORDER adopting the magistrate judge's 7 Report and Recommendation. Signed by District Judge Ron Clark on 6/19/2018. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
SHARIKA BAKSH ALLISON

§

VS.

§

UNITED STATES OF AMERICA

§

CIVIL ACTION NO. 1:15-CV-143

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Movant, Sharika Baksh Allison, an inmate formerly confined at FPC in Bryan, Texas,
proceeding pro se, filed this motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C.
§ 2255.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Lufkin, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends this motion to vacate, set aside, or correct sentence be dismissed
without prejudice for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b).
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No objections
to the Report and Recommendation of United States Magistrate Judge were filed by the parties.1

1

Movant was released on February 20, 2018. Movant, however, failed to update the Court with her address
upon release. A Report and Recommendation was then entered on March 7, 2018, recommending the motion to vacate,
set aside, or correct sentence be dismissed for want of prosecution (docket entry no. 7). A copy of the Report and
Recommendation was returned undeliverable (docket entry no. 8). A forwarding address was provided and the Report
and Recommendation was mailed again to this address. Movant received a copy of the Report and Recommendation
April 2, 2018 (docket entry no. 9). Receiving no response from movant, the Magistrate Judge then entered an order
giving movant fifteen days to notify the Court whether she wished to continue with her § 2255 motion or dismiss the
motion. This order was returned undeliverable on May 18, 2018 (docket entry no. 11). The Clerk of Court then resent
the order to the correct address CMRR on May 21, 2018. Movant received a copy of this order on May 29, 2018 but
has failed to otherwise communicate with the Court.

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
in accordance with the Magistrate Judge’s recommendations.
So ORDERED and SIGNED this 19 day of June, 2018.

___________________________________
Ron Clark, United States District Judge

2