Johnson, Sr. v. USA

Filing 5

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 4 Report and Recommendations. ORDERED that Defendant Dietrick Lewis Johnsons construed motion to vacate, set aside or correct the sentence [Civ. Dkt. 1; Crim. Dkt. 88] is DISMISSED without prejudice to Movant's rights to file a motion for leave to file a second or successive § 2255 motion in the United States Court of Appeals for the Fifth Circuit. Signed by District Judge Marcia A. Crone on 4/12/2018. (daj, )

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA
versus
DIETRICK LEWIS JOHNSON

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:18CV163
§ CRIMINAL ACTION NO. 4:12CR080
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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 March 9, 2018, the report of the Magistrate Judge [Civ. Dkt. 4; Crim. Dkt. 97] was entered
containing proposed findings of fact and recommendations that Defendant Dietrick Lewis
Johnson’s “Motion for Leave, Requesting this Honorable Court for Permission to File a 60(b)
Motion, Pursuant to [Federal Rule of Civil Procedure], to File Newly Discovered Evidence
Regarding the [Movant’s] Actual Innocence,” construed as a motion to vacate, set aside or correct
the sentence [Civ. Dkt. 1; Crim. Dkt. 88], be dismissed without prejudice.
Having received the report of the Magistrate Judge, 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 Defendant Dietrick Lewis Johnson’s construed motion
to vacate, set aside or correct the sentence [Civ. Dkt. 1; Crim. Dkt. 88] is DISMISSED without
prejudice to Movant’s rights to file a motion for leave to file a second or successive § 2255 motion

in the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. §§
2244(b)(3)(A), 2255.
.
IT IS SO ORDERED.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 11th day of April, 2018.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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