Bucio-Martinez v. USA

Filing 6

ORDER vacating 3 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Magistrate Judge Paul D Stickney on 11/28/2017) (rekc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DAVID BUCIO-MARTINEZ,
Movant,

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v.
UNITED STATES OF AMERICA,
Respondent.

3:17-cv-2882-D
3:16-cr-0468-D (01)

ORDER
During the pendency of Movant’s direct appeal, he filed a 28 U.S.C. § 2255 motion
seeking post-conviction relief. See Dkt. No. 2. Because Movant’s direct appeal was still
pending, it was recommended that the Section 2255 motion be dismissed without prejudice. See
Dkt. No. 3. Before the Court adopted that recommendation, however, Movant’s direct appeal
was dismissed as frivolous. See United States v. Bucio-Martinez, No. 16-11749 (5th Cir. Oct.
24, 2017). The Court therefore VACATES the findings, conclusions and recommendation
entered on October 23, 2017.
Signed this 28th day of November, 2017.

_____________________________________
PAUL D. STICKNEY
UNITED STATES MAGISTRATE JUDGE

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