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)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAVID BUCIO-MARTINEZ, Movant, § § § § § § § 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 Page 1

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