Walsh v. United States of America

Filing 9

ORDER adopting 7 Report and Recommendation and granting movant's 6 Motion to Dismiss. Signed by Judge Ron Clark on 6/23/16. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DANNY JOHN WALSH § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 1:15cv439 ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Danny John Walsh filed the above-styled motion to vacate, set aside or correct sentence. The court referred the matter to the Honorable Zack Hawthorn, United States Magistrate Judge, for consideration pursuant to 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 matter 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 proposed findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. Movant’s motion to dismiss is GRANTED. A final judgment will be entered dismissing this motion to vacate, set aside or correct sentence. So ORDERED and SIGNED this 23 day of June, 2016. ___________________________________ Ron Clark, United States District Judge

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