Lorentz v. USA

Filing 20

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendation. ORDERED that Movant be allowed to file an out-of-time appeal and that her motion to vacate, set aside or correct sentence is DISMISSED without prejudice. ORDERED that the Clerk shall reinstate the judgment of conviction in Movant's criminal case on the docket of that cause. In other words, the Clerk shall re-enter the original judgment of conviction in the criminal case, as of the date of entry of the final judgment in this § 2255 proceeding. Signed by Judge Ron Clark on 12/17/2012. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

LISA MICHELLE LORENTZ, #15999-078

§

VS.

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UNITED STATES OF AMERICA

§

CIVIL ACTION NO. 4:10cv415
CRIM. NO. 4:08CR00182-003

ORDER OF DISMISSAL
Movant filed the above-styled and numbered pro se motion to vacate, set aside or correct her
sentence pursuant to 28 U.S.C. § 2255, asserting that her counsel was ineffective. United States
Magistrate Judge Amos L. Mazzant issued a Report and Recommendation recommending that
Movant be allowed an out-of-time appeal based on Movant’s assertion that her attorney failed to
perfect an appeal after Movant requested that he do so. No objections have been timely filed in this
matter. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are
correct, and adopts the same as the findings and conclusions of the Court. It is therefore
ORDERED that Movant be allowed to file an out-of-time appeal and that her motion to
vacate, set aside or correct sentence is DISMISSED without prejudice. It is also
ORDERED that the Clerk shall reinstate the judgment of conviction in Movant’s criminal
case on the docket of that cause. In other words, the Clerk shall re-enter the original judgment of
conviction in the criminal case, as of the date of entry of the final judgment in this § 2255
proceeding. Movant shall have ten days from the date of reinstatement of the judgment of

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conviction in which to file a notice of appeal or motion under Rule 4(b)(4), Fed. R. App. Pro.
Finally, it is
ORDERED that all motions by either party not previously ruled on are hereby DENIED.

So ORDERED and SIGNED this 17 day of December, 2012.

___________________________________
Ron Clark, United States District Judge

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