Estrada v. USA

Filing 14

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION. for 12 Report and Recommendation. ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence (#1) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice. Movant's motion to dismiss (#9) is GRANTED. All remaining motions by either party not previously ruled upon are DENIED. Signed by Judge Richard A. Schell on 8/23/2013. (kls, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION NORBERTO ESTRADA, #15396-078 § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 4:10cv666 CRIMINAL ACTION NO. 4:08cr214 ORDER OF DISMISSAL The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Don D. Bush. The Report and Recommendation of the Magistrate Judge (#12), which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and no objections thereto having been timely filed, 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 accordingly ORDERED that Movant’s Motion to Vacate, Set Aside, or Correct Sentence (#1) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice. Movant’s motion to dismiss (#9) is GRANTED. All remaining motions by either party not previously ruled upon are DENIED. . SIGNED this the 23rd day of August, 2013. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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