Martinez v. USA
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE for 8 Report and Recommendations. ORDERED that the 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 2/2/2017. (daj, )
UNITED STATES DISTRICT COURT
CHRISTINA FRUCTOSA MARTINEZ
UNITED STATES OF AMERICA
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 4:16-CV-492
CRIMINAL ACTION NO. 4:12CR00244-002
ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Kimberly C. Priest Johnson. 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 the 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 at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Sherman, Texas, this 2nd day of February, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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