Opinion
Civil Action No. 3:12-cv-0168-O-BD
10-11-2012
FABIAN MUYABA, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case (ECF No. 8). Plaintiff filed objections (ECF Nos. 9-11). The Court has conducted a de novo review of those portions of the proposed findings and recommendation to which objection was made. The Court finds that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are correct. Accordingly, Plaintiff's objections are OVERRULED, and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge as the findings of the Court. Therefore, it is ORDERED that Plaintiff's Motion to Vacate (ECF No. 2) is DENIED.
Although not affecting the Court's decision to deny Plaintiff's Motion to Vacate, the Court notes that the jury did not convict defendant of identity fraud in violation of 18 U.S.C. § 1028(a)(7) & (c)(3)(A) as the Findings, Conclusions, and Recommendation states. See Judgment as to Fabian Muyaba at 1, United States v. Akhigbe et al., No. 3:08-cr-00348-O-5 (N.D. Tex. Oct. 7, 2009), ECF No. 195.
______________________
Reed O'Connor
UNITED STATES DISTRICT JUDGE