Grubbs v. USA

Filing 13

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 12 Report and Recommendation. ORDERED that Christopher P. Grubbs Motion to Vacate, Set Aside or Correct Sentenceby a Person in Federal Custody (#1) pur suant to 28 U.S.C. § 2255 is DISMISSED without prejudice. It is further ORDERED that the Final Judgment issued in United States v. Christopher P. Grubbs, Criminal No. 4:13CR00092-010, is VACATED and the Clerk of Court shall re-enter the Final Judgment, as of the date of entry of the Final Judgment in this § 2255 proceeding. It is finally ORDERED that all other motions not previously ruled on are DENIED. Signed by Judge Marcia A. Crone on 5/23/2016. (kls, )

UNITED STATES DISTRICT COURT

CHRISTOPHER P. GRUBBS, #21325-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:15-CV-512
CRIMINAL ACTION NO. 4:13CR00092-010

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 Movant
Christopher P. Grubbs should be granted an out-of-time appeal, in accordance with United States
v. Tapp, 491 F.3d 263 (5th Cir. 2007). 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 Christopher P. Grubbs’ 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. It is further
ORDERED that the Final Judgment issued in United States v. Christopher P. Grubbs,
Criminal No. 4:13CR00092-010, is VACATED and the Clerk of Court shall re-enter the Final
Judgment, as of the date of entry of the Final Judgment in this § 2255 proceeding. It is finally

ORDERED that all other motions not previously ruled on are DENIED.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 23rd day of May, 2016.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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