Delgado v. USA

Filing 20

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 16 Report and Recommendations. It is therefore ORDERED that the Motion to Withdraw Pending 28 U.S.C. § 2255 Motion (#15) is GRANTED, that the Mot ion to Vacate, Set Aside or Correct Sentence by Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DENIED, and that the case is DISMISSED with preju. dice. Fed. R. Civ. P. 41(a)(2). All motions not previously ruled upon are DENIED. Signed by District Judge Marcia A. Crone on 2/4/2019. (daj, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

ROGER RUBEN DELGADO, #22578-078
versus
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:16-CV-716
CRIMINAL ACTION NO. 4:14CR00034-001

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Kimberly C. Priest Johnson, who issued a Report and Recommendation (#16) concluding
that Movant’s Motion to Withdraw Movant’s Pending 28 U.S.C. § 2255 Motion (#15) be granted.
Movant has filed a response (#18) specifying that he has no objections.
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 therefore ORDERED that the Motion to Withdraw Pending 28 U.S.C. § 2255 Motion
(#15) is GRANTED, that the Motion to Vacate, Set Aside or Correct Sentence by Person in
Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DENIED, and that the case is DISMISSED
with prejudice. Fed. R. Civ. P. 41(a)(2). All motions not previously ruled upon are DENIED.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 4th day of February, 2019.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE