Diaz-Vivo v. USA

Filing 9

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 8 Report and Recommendations. It is ORDERED that Plaintiff's civil action requesting return of property is hereby DISMISSED without prejudice. Fed. R. Crim. P. 41(b). Signed by District Judge Marcia A. Crone on 7/11/2018. (baf, )

UNITED STATES DISTRICT COURT
KENNETH DIAZ-VIVO
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS
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§ CIVIL ACTION NO. 4:18CV131
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MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On June 5, 2018, the report of the Magistrate Judge (Dkt. #8) was entered containing proposed
findings of fact and recommendations that Plaintiff Kenneth Diaz-Vivo’s Motion Requesting
Return of Property Pursuant to Fed. R. Crim. P. 41(g) (Dkt. #1) be dismissed without prejudice.
Having received the report of the Magistrate Judge (Dkt. #8), 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 the Magistrate Judge’s report as the findings and
conclusions of the Court.
Accordingly, it is ORDERED that Plaintiff’s civil action requesting return of property
is hereby DISMISSED without prejudice. Fed. R. Crim. P. 41(b).
IT IS SO ORDERED.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Plano, Texas, this 11th day of July, 2018.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE