Glover v. USA

Filing 17

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE for 12 Report and Recommendations. It is accordingly ORDERED Movant be allowed to file an out-of-time appeal, and his Motion to Vacate, Set Aside, or Correct Senten ce 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 District Judge Thad Heartfield on 12/1/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ANTHONY GLOVER, #19974-078
VS.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:15cv409
CRIMINAL ACTION NO. 4:12cr146(2)

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. Though Movant initially filed objections, he subsequently
withdrew those objections, requesting the Court “adopt the recommendation from the United
States Magistrate Judge.” 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 his
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 this the 1 day of December, 2017.

____________________________
Thad Heartfield
United States District Judge

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