USA v. Gaspar-Hernandez
Criminal

District of Nebraska, ned-8:2004-cr-00292-31955

MEMORANUDM AND ORDER granting {{56}} Motion to dismiss 2255 motion. Defendant's 2255 motion {{50}} is dismissed without prejudice as to Ramon Humberto Gaspar-Hernandez (1). The Clerk of Court is directed to send a copy of this Memorandum and Order todefendant at his last-known address. Ordered by Judge Joseph F. Bataillon. Mailed as directed.

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8:04-cr-00292-JFB-TDT Doc # 57 Filed: 02/06/07 Page 1 of 1 - Page ID # 232 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,) 8:04CR292) v.)) RAMON HUMBERTO GASPAR-) MEMORANDUM AND ORDER HERNANDEZ,)) Defendant.) This matter is before the court on defendant's motion (filing no. 56) to voluntarily dismiss filing no. 50, his "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a person in Federal Custody" (§ 2255). The motion is granted and defendant's § 2255 motion is dismissed without prejudice. IT IS ORDERED: 1. That defendant's motion to dismiss his § 2255 motion (filing no. 56) is granted; and 2. The Clerk of Court is directed to send a copy of this Memorandum and Order to defendant at his last-known address. DATED this 6th day of February, 2007. BY THE COURT: s/Joseph F. Bataillon Chief United States District Judge 1