Martinez-Garza v. UNITED STATES OF AMERICA

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:14CR301-01, 5 Report and Recommendations. Therefore, Mr. Heriberto Ezequiel Martinez-Garzas 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 by Judge Andrew S Hanen) Parties notified.(bcampos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
HERIBERTO EZEQUIEL MARTINEZ-GARZA, §
Petitioner,
§
§
V.
§
§
UNITED STATES OF AMERICA,
§
Respondent.
§

July 12, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. B-15-212
CRIMINAL NO. B-14-301-1

ORDER
Pending is the Magistrate Judge's May 26, 2016, Report and Recommendation in the abovereferenced cause of action. [Doc. No. 5] No objections have been lodged by either side and the time
for doing so has expired.
Having reviewed the Report and Recommendation for plain error and having found none,
it is the opinion of the Court that the Report and Recommendation is hereby adopted. Therefore,
Mr. Heriberto Ezequiel Martinez-Garza’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 12th day of July, 2016.

_________________________________
Andrew S. Hanen
United States District Judge