Delbosque v. USA

Filing 39

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF for 35 Report and Recommendation. ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and Movant's case is DISMISSED with prejudice. A certificate of appealability is DENIED. Finally, it is ORDERED that all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 7/7/2016. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
GERARDO C. DELBOSQUE, #16494-078
VS.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:11cv252
CRIMINAL ACTION NO. 4:09cr74(1)

ORDER OF DISMISSAL
This case was referred to United States Magistrate Judge Don D. Bush, who issued a Report
and Recommendation concluding that the motion to vacate, set aside, or correct sentence should be
denied and dismissed with prejudice. Movant filed objections. The Report of the Magistrate Judge,
which contains proposed findings of fact and recommendations for the disposition of the case, has
been presented for consideration. The court has conducted a de novo review of the objections raised
by Movant to the Report and concludes that the findings and conclusions of the Magistrate Judge
are correct, and adopts the same as the findings and conclusions of the court. It is accordingly
ORDERED that the motion to vacate, set aside, or correct sentence is DENIED and
Movant’s case is DISMISSED with prejudice. A certificate of appealability is DENIED. Finally,
it is
ORDERED that all motions by either party not previously ruled on are hereby DENIED.
.

SIGNED this the 7th day of July, 2016.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE