Muniz v. USA

Filing 5

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 4 Report and Recommendation. ORDERED that Hector Dario Muniz's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice as moot. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 7/29/2015. (kls, )

UNITED STATES DISTRICT COURT

HECTOR DARIO MUNIZ, #21005-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:15-CV-290
CRIMINAL ACTION NO. 4:13CR00103-002

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 Hector Dario Muniz’s
Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) pursuant to
28 U.S.C. § 2255 should be dismissed without prejudice as moot. 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 thereto 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 that Hector Dario Muniz’s Motion to Vacate, Set Aside or Correct Sentence by
a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice
as moot. . All motions by either party not previously ruled upon are DENIED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 29th day of July, 2015.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE