Hannan v. United States

District Court, E.D. Texas

Hannan v. United States

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-00466 Pamela Sue Hannan, Movant, V. United States of America, Respondent.

ORDER Movant Pamela Sue Hannan, a former inmate of the Pekin Federal Correctional Institution in Pekin, Illinois proceeding pro se, filed this motion to vacate or correct her federal sentence un- der

28 U.S.C. § 2255

. The case was referred to United States Mag- istrate Judge K. Nicole Mitchell. Mail sent to movant was returned as undeliverable because movant was no longer in Pekin and did not advise the court of her current mailing address. Consequently, the magistrate judge en- tered a report recommending that the motion to vacate be dis- missed without prejudice for failure to prosecute. Citing United States v. Bevill,

2021 WL 4995478

(Sth Cir. 2021), the magistrate judge also indicated that a post-judgment motion from movant filed within a reasonable time would likely receive favorable con- sideration for reopening of the case, in order to protect movant from the operation of the statute of limitations. A copy of the mag- istrate judge’s report was sent to movant at her last known ad- dress, but was returned as undeliverable. When there have been no timely objections to a magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Having reviewed the magistrate judge’s re- port, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. The motion to vacate

or correct sentence is dismissed without prejudice for failure to prosecute. So ordered by the court on January 4, 2023. fabled BARKER United States District Judge

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Reference

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