Barrera-Catalan v. USA

Filing 8

MEMORANDUM ORDER adopting 7 Report and Recommendation. Ordered that the motion to vacate or correct is dismissed without prejudice. Ordered that the Movant Jose Antonio Barrera-Catalan is denied a certificate of appealability sua sponte. Ordered that any and all motions which may be pending in this civil action are hereby denied. Signed by Judge Ron Clark on 2/8/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOSE ANTONIO BARRERA-CATALAN

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:15cv1152
Crim. No. 6:14cr20(1)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Movant Jose Antonio Barrera-Catalan (Barrera), proceeding pro se, filed this motion
to vacate or correct his sentence under 28 U.S.C. §2255, complaining of the validity of his
conviction. This Court ordered that the matter be referred to the United States Magistrate Judge
pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules
for the Assignment of Duties to United States Magistrate Judges.
After review of the pleadings, the Magistrate Judge issued a Report recommending that
Barrera’s motion to vacate sentence be denied. Two copies of this Report have been sent to
Barrera’s last known address, return receipt requested, but no objections have been received;
accordingly, he is barred from de novo review by the District Judge of those findings, conclusions,
and recommendations and, except upon grounds of plain error, from appellate review of the
unobjected-to factual findings and legal conclusions accepted and adopted by the district court.
Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
The Court has examined the pleadings in this cause and the Report of the Magistrate Judge
and has concluded that this Report is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th
Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a Magistrate Judge’s

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Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to
law.”) It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 7) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled motion to vacate or correct sentence is DISMISSED
WITH PREJUDICE. It is further
ORDERED that the Movant Jose Antonio Barrera-Catalan is DENIED a certificate of
appealability sua sponte. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

So Ordered and Signed
Feb 8, 2017

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