Nestor Obrajero Sanchez v. USA
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 7 Report and Recommendations. ORDERED that the motion to vacate, set aside, or correct sentence is DISMISSED without prejudice. Finally, it is ORDERED that all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 1/18/2017. (daj, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
NESTOR OBRAJERO-SANCHEZ #18740078 §
CIVIL ACTION NO. 4:14cv182
ORDER OF DISMISSAL
This case was referred to a United States Magistrate Judge, who issued a Report and
Recommendation concluding that the motion to vacate, set aside, or correct sentence should be
dismissed without prejudice for failure to prosecute. Movant filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of the case, has been presented for consideration. Movant was
initially ordered to file a response showing why his case should not be dismissed based on the
statute of limitations. Movant asserts that lock-down dates at the prison caused him to untimely
file because he was prevented from using the law library during the lock-down times. He
eventually filed a response, but simply stated that he had requested the specific information from
the prison. The Court never received information from Movant concerning lock-down dates.
Approximately three months later, a Report and Recommendation was issued, recommending
Movant’s case be dismissed for failure to prosecute. Movant filed objections, stating that he had
placed a memorandum from the Federal Bureau of Prisons in the mail that contained the relevant
dates. A close review of the docket shows that this Court never received it. Additionally, Movant
did not include a copy of it with his objections. Accordingly, on November 29, 2016, the Court
gave Movant one last opportunity to provide the lock-down information. Movant acknowledged
receipt of the order on December 5, 2016. As of today’s date, he fails to provide any information.
The Court also notes that Movant was released from prison on December 30, 2016. In sum,
Movant was given three chances to provide the Court with the relevant information, and failed to
do so. He failed to prosecute his case.
This Court conducted a de novo review of the objections raised by Movant to the Report and
concludes 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 the motion to vacate, set aside, or correct sentence is DISMISSED without
prejudice. Finally, it is
ORDERED that all motions by either party not previously ruled on are hereby DENIED.
SIGNED this 18th day of January, 2017.
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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