Patino v. United States

DONALD M. MIDDLEBROOKS

THIS CAUSE comes before the Court upon Movant Mario Jarel Patino's pro se Motion to Vacate pursuant to 28 U.S.C. § 2255, attacking his sentence for use of unauthorized access device and aggravated identity theft, entered following a guilty plea in Case No. 12-20209-CR-Middlebrooks. (DE 1). Movant filed his petition on July 22, 2013, and this matter was referred to the Honorable United States Magistrate Judge Patrick A. White. A Report and Recommendation ("Report") (DE 9) was filed on November 26, 2013. Judge White recommended that this matter be dismissed. Objections to the Report were due within fourteen days of receipt of a copy of the Report. As of today, no Objections have been filed. The Court has conducted a de novo review of the record and is otherwise advised in the premises.

The Court agrees with Judge White's findings and conclusion. For the reasons stated in the Report of the Magistrate Judge and upon an independent review of the file, it is hereby

ORDERED AND ADJUDGED that

1. United States Magistrate Judge White's Report (DE 9) is RATIFIED, ADOPTED, AND APPROVED in its entirety;
2. This Case is DISMISSED WITHOUT PREJUDICE;;
3. All pending motions are DENIED AS MOOT and all pending sealed filings shall REMAIN under seal; and
4. The Clerk of Court shall CLOSE this Case.

DONE AND ORDERED in Chambers at West Palm Beach, Florida, this 2 day of January, 2014.

__________

DONALD M. MIDDLEBROOKS

UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record

Mario Jarel Patino, pro se

82719-004

CI Rivers Correctional Institution

Inmate Mail/Parcels

Post Office Box 630

Winton, NC 27986