Evans v. USA

Filing 32

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 27 Report and Recommendations. ORDERED that Movant be allowed to file an out-of-time appeal, and that his Motion to Vacate, Set Aside, or Correct Sent ence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice. It is also ORDERED that 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. Movant shall have fourteen (14) days from the date of reinstatement of the judgment of co nviction in which to file a notice of appeal or motion under Rule 4(b)(4), Fed. R. App. P. Finally, it is ORDERED that all motions by either party not previously ruled on are DENIED. Signed by District Judge Marcia A. Crone on 7/16/2018. (daj, )

UNITED STATES DISTRICT COURT

COREY EVANS, #22405-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:16-CV-363
CRIMINAL ACTION NO. 4:14-CR-97(1)

ORDER OF DISMISSAL
This 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 that Movant be allowed to file an out-of-time appeal, and that
his 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 also ORDERED that 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. 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. P.

Finally, it is ORDERED that 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 16th day of July, 2018.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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