Rodriguez v. USA

Filing 7

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations. It is accordingly ORDERED that the 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. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern District of Texas. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 1/11/2017. (daj, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARK ALLEN RODRIGUEZ, #26435-077 versus UNITED STATES OF AMERICA § § § § § CIVIL ACTION NO. 4:16-CV-641 CRIMINAL ACTION NO. 4:09CR00154-001 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 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 the 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. Fed. R. Civ. P. 41(b); Rule 41, Local Rules for the Eastern District of Texas. All motions by either party not previously ruled upon are DENIED. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Plano, Texas, this 11th day of January, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE

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