Ochoa v. United States Of America

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 22 Report and Recommendations. (Signed by Judge Andrew S Hanen) Parties notified.(dbenavides, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
RICARDO OCHOA,
Petitioner,

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V.
UNITED STATES OF AMERICA,
Respondent.

January 18, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. B-15-013
CRIMINAL NO. B-13-535-4

ORDER
On December 16, 2016, the United States Magistrate Judge filed a Report and
Recommendation [Doc. No. 22]. No objections have been lodged by either side and the time for
doing so has expired.
Having reviewed all of the pleadings and the Report and Recommendation for plain error
and having found none, it is the opinion of the Court that the Magistrate Judge's Report and
Recommendation is hereby adopted. Therefore, Petitioner Ricardo Ochoa’s Motion to Vacate, Set
Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed as waived.
Alternatively, the motion is denied as meritless. The Government’s motion for summary judgment
[Doc. No. 11] is granted. Further, the Court denies the issuance of a Certificate of Appealability.
Signed this 17th day of January, 2017.

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Andrew S. Hanen
United States District Judge