Duarte-Vasquez v. USA

Filing 17

MEMORANDUM ORDER adopting 15 Report and Recommendation and granting 14 Motion to Voluntarily Dismiss. Signed by District Judge Marcia A. Crone on 8/19/19. (tkd, )

UNITED STATES DISTRICT COURT

JUAN CARLOS DUARTE-VASQUEZ,
Movant,
versus
UNITED STATES OF AMERICA,
Respondent.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:17-CV-486

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Juan Carlos Duarte-Vasquez, an inmate confined within the Bureau of Prisons, 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 Zack Hawthorn, United States Magistrate Judge,
for consideration. The magistrate judge has submitted a Report and Recommendation of United
States Magistrate Judge recommending a motion for voluntary dismissal filed by movant be
granted and the motion to vacate dismissed without prejudice pursuant to Federal Rule of Civil
Procedure 41(a).
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. No objections were filed to the
magistrate judge’s 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.

Movant’s motion for voluntary dismissal is GRANTED. A final judgment will be entered
dismissing this motion to vacate.
SIGNED at Beaumont, Texas, this 19th day of August, 2019.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2