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Jimenez v. U.S., 5:13-CR-00045-TBR. (2018)

Court: District Court, W.D. Kentucky Number: infdco20180618814 Visitors: 6
Filed: Jun. 15, 2018
Latest Update: Jun. 15, 2018
Summary: MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Movant Jose Manual Jimenez's motion to set aside this Court's Order and Judgment adopting the Magistrate Judge's Findings of Fact, Conclusion of Law, and Recommendation. [DN 214.] The United States did not respond in opposition, and this matter is now ripe for ruling. Jimenez filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. 2255, [DN 206.] The Magistrate J
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MEMORANDUM OPINION AND ORDER

This matter is before the Court on Movant Jose Manual Jimenez's motion to set aside this Court's Order and Judgment adopting the Magistrate Judge's Findings of Fact, Conclusion of Law, and Recommendation. [DN 214.] The United States did not respond in opposition, and this matter is now ripe for ruling.

Jimenez filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255, [DN 206.] The Magistrate Judge filed a report recommending that Jimenez's motion be denied on March 22, 2018. [DN 211.] About nineteen days later, on April 11, 2018, Jimenez had filed no objection to the Magistrate Judge's report, and the Court therefore entered an Order and Judgment adopting the Magistrate Judge's report in full. [DN 212; DN 213.]

In his instant motion, however, Jimenez avers, in a signed affidavit, that he never received a copy of the Magistrate Judge's report and that, if he had, he would have "filed an immediate objection." [DN 214 at 2.] Indeed, Jimenez previously met deadlines in the case and promptly replied in support of his § 2255 motion after the United States responded. [See DN 210.] Accordingly, the Court has no reason to doubt the truthfulness of Jimenez's assertion that he never had a chance to object to the Magistrate Judge's report. Therefore, the Court will GRANT Jimenez's motion, [DN 214], and SET ASIDE its Order and Judgment, [DN 212; DN 213], adopting the Magistrate Judge's report and recommendation and denying Jimenez's motion. Jimenez SHALL FILE any objections to the Magistrate Judge's report no later than Monday, July 2, 2018.

IT IS SO ORDERED.

Source:  Leagle

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