Opinion
Nos. 3-99-CR-76-K, 3-04-CV-2526-K.
March 22, 2005
ORDER
After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge, I am of the opinion that the findings and conclusions of the Magistrate Judge are correct and they are adopted as the findings and conclusions of the Court.
IT IS, THEREFORE, ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are adopted.
IT IS FURTHER ORDERED that 3-04-CV-2526-K is administratively closed and Esquivel-Torres's motion, the Government's Motion to Dismiss filed on November 19, 2004, Movant's response filed on December 6, 2004, the Government's reply filed on December 15, 2005, Movant's response filed on January 3, 2005, and Movant's motion for judgment on the pleadings filed on January 24, 2005 (all pleadings formerly filed in 3-04-CV-2526-K) be transferred and docketed in 3-99-CR-76-K.
IT IS FURTHER ORDERED that Esquivel-Torres's motion for modification of sentence pursuant to 18 U.S.C. § 3582 is denied.