Wise v. USA

Filing 12

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 10 Report and Recommendation. ORDERED Movant be allowed to file an out-of-time appeal, and her Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. #1) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice. ORDERED the Clerk shall reinstate the judgment of conviction in Movant's criminal case on the docket of that cause. 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. The Movant shall have fourteen (14) days from the date of reinstatement of the judgment of conviction in which to file a notice of appeal or motion under Rule 4(b)(4), Fed. R. App. Pro. Finally, it is ORDERED all motions by either party not previously ruled on are DENIED. Signed by Judge Marcia A. Crone on 7/7/2017. (kls, )

UNITED STATES DISTRICT COURT

KRISTIN NICOLE WISE, #21080-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:15CV47
CRIMINAL ACTION NO. 4:12CR252(11)

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Kimberly C. Priest Johnson. The Report and Recommendation of the Magistrate Judge,
which contains proposed findings of fact and recommendations for the disposition of such action,
has been presented for consideration, and no objections having been timely filed, the Court is of
the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same
as the findings and conclusions of the Court.
It is accordingly ORDERED Movant be allowed to file an out-of-time appeal, and her
Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. #1)
pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice.
It is also ORDERED the Clerk shall reinstate the judgment of conviction in Movant’s
criminal case on the docket of that cause. 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. The Movant shall have fourteen (14) days from the date of reinstatement of the

judgment of conviction in which to file a notice of appeal or motion under Rule 4(b)(4), Fed.
R. App. Pro.
.
Finally, it is ORDERED all motions by either party not previously ruled on are DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 7th day of July, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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