Salazar v. United States of America

Middle District of Florida, flmd-8:2017-cv-00629

ORDER dismissing without prejudice {{1}} Motion to vacate/set aside/correct sentence (2255). All pending motions are denied as moot. The Clerk is directed to close this file. The Clerk is also directed to terminate from pending status the Motion found at Doc. 200 in the criminal case, Case No. 8:14-cr-518-T-30TBM. Signed by Judge James S. Moody, Jr. on 4/10/2017. (LN)

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PageID 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JAIRO ENRIQUE OLIVERA SALAZAR, Petitioner, v. Case No: 8:17-cv-629-T-30TBM Crim. Case No: 8:14-cr-518-T-30TBM UNITED STATES OF AMERICA, Respondent. ORDER OF DISMISSAL THIS CAUSE comes before the Court sua sponte. Petitioner filed a Motion to Vacate/Set Aside/Correct Sentence (2255) (CV Doc. 1) on March 15, 2017. On March 20, 2017, this Court entered an Order to Show Cause (CV Doc. 2) giving Petitioner fourteen days to show cause why his Motion should not be dismissed as untimely. More than fourteen days have passed and Petitioner has failed to show cause why his Motion should not be dismissed as untimely. Accordingly, it is ORDERED AND ADJDGED that: 1. Petitioner's Motion to Vacate/Set Aside/Correct Sentence (2255) (CV Doc. 1) is DISMISSED without prejudice. 2. All pending motions are denied as moot. 3. The Clerk is directed to close this file. PageID 11 4. The Clerk is also directed to terminate from pending status the Motion found at Doc. 200 in the criminal case, Case No. 8:14-cr-518-T-30TBM. DONE and ORDERED in Tampa, Florida, this 10th day of April, 2017. Copies furnished to: Counsel/Parties of Record 2