Alegria v. USA

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 14 is ADOPTED. The motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C. 2255 is DENIED and the cause of action is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 11/14/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RAUL CAMPOS ALEGRIA, #19369-078

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:13cv343
CRIM. NO. 6:12CR0006-001

ORDER OF DISMISSAL
Movant Raul Campos Alegria, an inmate confined at F.C.I. McDowell, filed the above-styled
and numbered motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. The
motion was referred to United States Magistrate Judge John D. Love, who issued a Report and
Recommendation concluding that the motion should be denied. Alegria has filed objections.
On October 23, 2012, after a plea of guilty, Alegria was sentenced to 52 months of
imprisonment for the offense of criminal alien unlawfully present in the United States after deportation,
in violation of 8 U.S.C. § 1326(a) & (b)(2). He pled guilty pursuant to a plea agreement, which
included a waiver of the right to appeal or otherwise challenge the sentence. He did not appeal the
conviction. Alegria has not shown that the waiver should not be enforced. He alleged that he was
denied a neutral, detached, impartial and independent judge, but he offered nothing other than
conclusory allegations and bald assertions, which are insufficient to support a collateral attack on his
conviction. See Miller v. Johnson, 200 F.3d 274, 282 (5th Cir. 2000); Koch v. Puckett, 907 F.2d 524,
530 (5th Cir. 1990); Ross v. Estelle, 694 F.2d 1008, 1011 (5th Cir. 1983). Overall, the Report of the
Magistrate Judge, which contains his 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 Alegria to the Report, the Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct and the objections by Alegria 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
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ORDERED that the Report and Recommendation (docket entry #14) is ADOPTED. It is

further
ORDERED that the motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C.
§ 2255 is DENIED and the cause of action is DISMISSED with prejudice. It is further
ORDERED that a certificate of appealability is DENIED. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 14th day of November, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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