Burgos-Valdez v. United States of America

Filing 29

ORDER denying 26 Objection to Report and Recommendation.; granting [] Motion to Dismiss; denying as moot 23 Motion to Expedite; adopting 25 Report and Recommendation. A Certificate of Appealability shall not issue. Signed by U.S. District Judge Lawrence L. Piersol on 3/16/15. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

FILED
MAR 16 2015

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JOSE ENRIQUE BURGOS-VALDEZ,
CIV 13-4047
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Petitioner,
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vs.
ORDER
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UNITED STATES OF AMERICA,
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Defendant.
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Petitioner Jose Enrique Burgos-Valdez, a federal inmate incarcerated at the Federal
Correctional Institution in Big Spring, Texas, has filed a Motion to Vacate, Set Aside or Correct
Sentence pursuant to 28 U.S. C. § 2255. The Magistrate Judge issued a Report and Recommendation
recommending the Motion to Vacate be denied. The Petitioner filed Objections to the Report and
Recommendation, and after conducting an independent review of the record, the Court agrees with
the Magistrate Judge. Accordingly,
IT IS ORDERED:
1.

That the Magistrate Judge's Report and Recommendation (Doc. 25) is
ADOPTED by the Court and Plaintiffs Objections to the Report and
Recommendation (Doc. 26) are DENIED as no factual or legal basis was
shown to establish or even suggest any error in the Report and
Recommendation.

2.

That Petitioner's Motion to Expedite Decision (Doc. 23) is DENIED as moot.

3.

That Petitioner Jose Enrique Burgos-Valdez's Motion to Vacate, Set Aside,
or Correct his Sentence (Doc. 1) DENIED.

4.

That Respondent's Motion to Dismiss (Doc. 16) is GRANTED.

5.

That a Certificate of Appealability shall not issue.

Dated this 16th day of March, 2015.
BY THE COURT:

~·w~l~SOL

I.:~ence L. Piersol
ATTEST:
JOSEPH HAAS, ~LERK
BY:

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Deputy

United States District Judge