Escobar v. USA

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations, ORDERED that Catalino Albarran Escobar's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is DENIED, and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 10/25/2016. (daj, )

UNITED STATES DISTRICT COURT

CATALINO ALBARRAN ESCOBAR
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:16-CV-451
CRIMINAL ACTION NO. 4:11CR00006-021

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Don D. Bush, who issued a Report and Recommendation concluding that Catalino Albarran
Escobar’s Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1)
pursuant to 28 U.S.C. § 2255 should be denied. The Report and Recommendation of the
Magistrate Judge, which contains proposed findings of fact and recommendations for the
disposition of such action, has been presented for consideration, and no objections thereto having
been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate
Judge are correct, and adopts same as the findings and conclusions of the Court.
It is accordingly ORDERED that Catalino Albarran Escobar’s Motion to Vacate, Set Aside
or Correct Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is
DENIED, and the case is DISMISSED with prejudice. A certificate of appealability is DENIED.
All motions by either party not previously ruled upon are DENIED.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 25th day of October, 2016.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE