Todd v. USA
ORDER adopting report and recommendations. Ordered that Counts One and Three of the Indictment in the underlying cirminal case be re-instated, Ordered that the previous sentence imposed as to Count Two is vacated. Ordered that the motion to vacate is granted and dismissed without prejudice. Ordered that all motions by either party not previously ruled on are hereby denied. Signed by Judge Michael H. Schneider on 1/17/2012. (pad, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
VERNON RANDALL TODD, #11650-078
UNITED STATES OF AMERICA
CIVIL ACTION NO.4:09cv85
CRIM NO. 4:05cr21
ORDER OF DISMISSAL
Movant filed the above-styled and numbered pro se motion to vacate, set aside or correct his
sentence pursuant to 28 U.S.C. § 2255. The parties submitted an agreed motion (docket entry #31)
to grant the motion to vacate and to re-instate Counts One and Three of the original indictment
pursuant to 18 U.S.C. § 3296( a)( 3). United States Magistrate Judge Don D. Bush issued a Report
and Recommendation recommending that the agreed motion be granted (docket entry #31).
Furthermore, the parties have waived the period of time in which to file objections. Accordingly,
it is hereby
ORDERED that the Report and Recommendation (docket entry #32) is ADOPTED. It is
ORDERED that the Agreed Motion (docket entry #31) is GRANTED. It is
ORDERED that Counts One and Three of the indictment in the underlying criminal case be
RE-INSTATED pursuant to 18 U.S.C. § 3296 ( a) ( 3). It is also
ORDERED that the previous sentence imposed as to Count Two is VACATED.
Additionally, it is
ORDERED that the motion to vacate, set aside or correct the sentence (docket entry #1) is
GRANTED and DISMISSED without prejudice. Finally, it is
ORDERED that all motions by either party not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 17th day of January, 2012.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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