Wong v. USA
Filing
13
Order Accepting 12 Findings and Recommendations. Accordingly, the court grants the government's 11 Motion to Dismiss Motion Under 28 U.S.C. § 2255 and dismisses this action without prejudice. (Ordered by Judge Sam A Lindsay on 7/9/2013) (ctf)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
FRANKIE LOGYANG WONG, 36334-177, §
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Petitioner,
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v.
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UNITED STATES OF AMERICA,
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Respondent.
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Civil Action No. 3:12-CV-444-L
ORDER
Before the court is the United States of America’s (“the government”) Motion to Dismiss
Motion Under 28 U.S.C. § 2255, filed November 19, 2012. The case was referred to Magistrate
Judge Paul D. Stickney, who entered Findings, Conclusions, and Recommendation of the United
States Magistrate Judge (“Report”), on February 4, 2013, recommending that the government’s
motion be granted and that the court dismiss without prejudice Petitioner Frankie L. Wong’s
(“Petitioner” or “Wong”) petition for failure to comply with a court order pursuant to Federal Rule
of Civil Procedure 41(b). No objections to the Report were filed.
On February 10, 2012, Wong filed a petition pursuant to 28 U.S.C. § 2255, challenging his
convictions for conspiracy, bribery concerning programs receiving federal funds, and aiding and
abetting. On March 19, 2012, Petitioner filed a motion for leave to file a supplemental memorandum
with a seventy-nine page memorandum of law attached thereto. The government moved to strike
the petition because it exceeded the twenty-five page limit contained in Local Rule 7.2(c). On May
29, 2012, the court granted the government’s motion to strike. The court also granted Petitioner
leave to file a brief of no more than fifty pages. Wong did not respond to the court’s order.
Order - Page 1
The government then filed its Motion to Dismiss Motion Under 28 U.S.C. § 2255. In the
motion, the government requests the court to dismiss Wong’s petition because he failed to comply
with the court’s May 29, 2012 order directing him to file an amended supplemental memorandum
of no more than fifty pages. Petitioner did not respond to the motion to dismiss.
Having reviewed the pleadings, file, and record in this case, and the findings and conclusions
of the magistrate judge, the court determines that the findings and conclusions of the magistrate
judge are correct, and accepts them as those of the court. Accordingly, the court grants the
government’s Motion to Dismiss Motion Under 28 U.S.C. § 2255 and dismisses this action without
prejudice.
It is so ordered this 9th day of July, 2013.
_________________________________
Sam A. Lindsay
United States District Judge
Order - Page 2
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