Salvador Yanez Ruiz v. USA

Filing 6

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION for 3 Report and Recommendation. ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and Movant's case is DISMISSED without prejudice. Finally, it is ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 9/18/2013. (kls, )

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

SALVADOR YANEZ RUIZ, #35269-177

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:12cv697
CRIM. ACTION NO. 4:07cr42

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Don D. Bush who issued a Report and Recommendation concluding that the motion to vacate, set
aside, or correct sentence should be denied as moot and dismissed without prejudice. Movant has
filed objections.
The Report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having
made a de novo review of the objections raised by Movant to the Report, 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. This court granted an out-of-time appeal in Movant’s other
case filed pursuant to § 2255, Civil Action Number 4:09cv172. In his out-of-time appeal, Movant
may raise any issues concerning his conviction in Criminal Action No. 4:07cr42 for the Fifth Circuit
Court of Appeal’s consideration. It is accordingly
ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and
Movant’s case is DISMISSED without prejudice. Finally, it is

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ORDERED that all motions not previously ruled on are hereby DENIED.

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SIGNED this the 18th day of September, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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