Opinion
1:16CV549 1:01CR387-1
11-03-2020
JUDGMENT
On October 5, 2020, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 103, 104.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED AND ADJUDGED that the previous stay is lifted, that Petitioner's filing, (Doc. 76), is construed as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, that Petitioner's motion, as amended, is GRANTED, that the Judgment, (Doc. 34) is VACATED, and that the Indictment, (Doc. 4), is DISMISSED.
IT IS FURTHER ORDERED that Petitioner's request to be released from custody, (Doc. 102), is DENIED AS MOOT.
This the 3rd day of November, 2020.
/s/_________
United States District Judge