Hernandez v. USA

Filing 12

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations. ORDERED that the Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Dkt. #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 not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 6/16/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JAVIER HERNANDEZ, #16653-078
VS.
UNITED STATES OF AMERICA

§
§
§
§
§

CIVIL ACTION NO. 4:16cv531
CRIMINAL NO. 4:09CR00173-001

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Kimberly C. Priest Johnson, who issued a Report and Recommendation concluding that the Motion
to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Dkt. #1) pursuant to 28
U.S.C. § 2255 should be denied. Movant has filed a notice of appeal, which is construed as objections.
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 Movant to the Report, the court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and the objections of Movant 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 to Vacate, Set Aside or Correct Sentence by a
Person in Federal Custody (Dkt. #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 not previously
ruled on are hereby DENIED.

.

SIGNED this the 16th day of June, 2017.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE