Valdez v. USA

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 26 Report and Recommendations. ORDERED that the motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct sentence is DENIED and the case is DISMISSED WITH PREJUDICE. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/31/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CLEMENTE VALDEZ, JR. #16505-078
V.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 4:14cv757
CRIM NO. 4:09CR142(5)

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Kimberly Johnson who issued a Report and Recommendation concluding that the
motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct sentence should be denied and the
case should be dismissed with prejudice. The Petitioner has filed objections to the Report and
Recommendation of United States Magistrate Judge Johnson. The Report of the Magistrate Judge,
which contains her proposed findings of fact and recommendations for the disposition of such action,
has been presented for consideration and, having made a de novo review of the objections raised by the
Petitioner to the report, the court is of the opinion that the findings and conclusions of the Magistrate
Judge are correct and the objections of the Petitioner are without merit. Therefore, the court hereby
adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the court.
It is accordingly
ORDERED that the motion pursuant to 28 U.S.C. § 2255 to vacate, set aside or correct sentence
is DENIED and the case is DISMISSED WITH PREJUDICE. All motions by either party not
previously ruled on are hereby DENIED.

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SIGNED this the 31st day of March, 2017.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE