Escalante v. United States of America

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:14CR481 (Defendant No. 1), 32 Report and Recommendations. The Issuance of a Certificate of Appealability is denied.(Signed by Judge Andrew S Hanen) Parties notified.(dbenavides, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION OSCAR ALBERTO ESCALANTE, Plaintiff, § § § § § § § V. UNITED STATES OF AMERICA, Defendants. October 13, 2016 David J. Bradley, Clerk CIVIL ACTION NO. B-15-099 ORDER On September 9, 2016, the United States Magistrate Judge filed a Report and Recommendation [Doc. No. 32]. 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, Oscar Alberto Escalante’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is denied, and the issuance of a Certificate of Appealability is denied. Signed this 13th day of October, 2016. ________________________________ Andrew S. Hanen United States District Judge

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