Torres v. United States of America

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 26 Report and Recommendations. Petitioner's motion to vacate is dismissed on the basis that Petitioner has waived his right to file the instant petition. It is denied as meritless. Further, the issuance of a certificate of appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 1)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
JULIO ADOLFO TORRES,
Petitioner,
VS.
UNITED STATES OF AMERICA,
Respondent.

§
§
§
§
§
§
§

ENTERED
June 28, 2016
David J. Bradley, Clerk

CIVIL NO. B-13-238
(CRIMINAL NO. B-12-303-2)

ORDER
On March 18, 2016, the United States Magistrate Judge filed a Report and Recommendation
[Doc. No. 26]. Petitioner has objected [Doc. No. 38] to said Report and Recommendation.
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Petitioner’s objections, the Court hereby adopts the Report and Recommendation.
Therefore, Julio Adolfo Torres’ Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28
U.S.C. § 2255 [Doc. No. 1] is dismissed on the basis that Torres has waived his right to file the
instant petition. Alternatively, it is denied as meritless. Further, the issuance of a Certificate of
Appealability is denied.
Signed this 28th day of June, 2016.

_________________________________
Andrew S. Hanen
United States District Judge