Opinion
CIVIL 4:20-cv-02459 Criminal 4:18-00043
07-18-2022
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. NOEL RESENDEZ, Defendant-Movant.
ORDER
Ewing Werlein, Jr. United States District Judge
Pending is Noel Resendez's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Civ. Dkt. 2; Crim. Dkt. 59) and the United States' Motion to Dismiss (Civ. Dkt. 6; Crim. Dkt. 66). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that the United States' Motion to Dismiss be granted and Resendez's § 2255 Motion be denied and dismissed with prejudice. Civ. Dkt. 9; Crim. Dkt. 68. Resendez did not file objections to the Magistrate Judge's recommendation.
The Court, after having made a de novo determination of the motions and the Memorandum and Recommendation, is of the opinion that the findings and recommendations of the Magistrate Judge are correct and should be and hereby are accepted by the Court in their entirety.
Accordingly, it is ORDERED and ADJUDGED for the reasons set forth in the Memorandum and Recommendation of the United States Magistrate Judge signed and filed on January 24, 2022, which is adopted in its entirety as the opinion of this Court, that the United States' Motion to Dismiss (Dkt. 66) be GRANTED, and Resendez's § 2255 Motion be DISMISSED WITH PREJUDICE.