Ortiz v. United States Of America

Filing 10

ORDER ADOPTING 7 Report and Recommendations of the Magistrate Judge. Ortiz's Objections are overruled. The Government's 3 Motion to Dismiss is granted. Ortiz's Motion to Vacate, Set Aside, or Correct his Sentence, filed pursuant to 28 U.S.C. § 2255 is dismissed. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 10/2/2013. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

VICTOR MANUEL ORTIZ,
CIVIL ACTION NO.: CV51 3-044

Petitioner,
V.

(Case No.: CR511-1)

UNITED STATES OF AMERICA,
Respondent.

ORDER

After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Victor Ortiz
("Ortiz") filed Objections. Ip his Objections, Ortiz asserts that the only portion of his
sentence that he is challenging is that, as a part of his plea agreement, his attorney
informed him that his federal sentence was to run concurrently to his state sentence.
However, as the Magistrate Judge discussed in detail in his Report, the record before
the Court contradicts this assertion.
Ortiz's Objections are

overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. The Government's Motion to
Dismiss is GRANTED. Ortiz's Motion to Vacate, Set Aside, or Correct his Sentence,

AO 72A
(Rev. 8/82)

filed pursuant to 28 U.S.C. § 2255 is DISMISSED. The Clerk of Court is directed to
enter the appropriate judgment of dismissal.
SO ORDERED, this

'7/

day of

2013.

LISA GODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

A() 72i\
(Rev. 8/2)