Hernandez-Cuevas v. United States of America

Filing 18

ORDER Adopting Findings, Conclusions and Recommendation re: 17 FINDINGS, CONCLUSION, AND RECOMMENDATION TO GRANT PETITIONER'S MOTION TO WITHDRAW HIS MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. § 2255. (Ordered by Senior Judge Sidney A Fitzwater on 5/30/2019) (awc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
DAVID HERNANDEZ-CUEVAS,
Petitioner,
v.

UNITED STATES OF AMERICA,
Respondent.

§
§
§
§
§
§
§
§
§
§

2:17-CV-226-D
(2:15-CR-69-D(1))

ORDER
On April 22, 2019 the United States Magistrate Judge entered findings and conclusions on
petitioner’s motion to withdraw his 28 U.S.C. § 2255 motion to vacate, set aside, or correct. The
magistrate judge recommends that petitioner’s motion be granted. No objections to the findings,
conclusions, and recommendation have been filed.
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted. Petitioner’s motion to withdraw is granted, and
his 28 U.S.C. § 2255 motion to vacate, set aside, or correct is dismissed without prejudice.
SO ORDERED.
May 30, 2019.

_________________________________
SIDNEY A. FITZWATER
SENIOR JUDGE