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U.S. v. RIVAS, 5:10-cv-12-RS-GRJ. (2012)

Court: District Court, N.D. Florida Number: infdco20120203821 Visitors: 23
Filed: Jan. 04, 2012
Latest Update: Jan. 04, 2012
Summary: REPORT AND RECOMMENDATION GARY R. JONES, Magistrate Judge. Defendant filed a pro se motion to vacate pursuant to 28 U.S.C. 2255 on January 25, 2010, and the Government filed a response in opposition to the motion. Docs. 49, 56. Defendant filed a reply on March 25, 2010. Doc. 58. At the time that the motion to vacate was filed, Defendant was confined at McRae Correctional Facility, McRae, Georgia. A review of the Bureau of Prisons' inmate locator reflects that Defendant was released from c
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REPORT AND RECOMMENDATION

GARY R. JONES, Magistrate Judge.

Defendant filed a pro se motion to vacate pursuant to 28 U.S.C. § 2255 on January 25, 2010, and the Government filed a response in opposition to the motion. Docs. 49, 56. Defendant filed a reply on March 25, 2010. Doc. 58. At the time that the motion to vacate was filed, Defendant was confined at McRae Correctional Facility, McRae, Georgia. A review of the Bureau of Prisons' inmate locator reflects that Defendant was released from custody on October 7, 2010. Defendant has failed to provide the Court with a current address, and the Court has no means of communicating with Defendant. It therefore appears that Defendant has abandoned the instant motion to vacate.

Accordingly, it is respectfully RECOMMENDED that the motion to vacate be dismissed for failure to prosecute, and that the accompanying civil case be closed.

Source:  Leagle

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