Pena-Gonzalez v. United States of America

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), 6 Report and Recommendations (Signed by Judge Andrew S Hanen) Parties notified.(mperez, 1)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
CARMELO DANIEL PENA-GONZALEZ,
Petitioner,

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VS.
UNITED STATES OF AMERICA,
Respondent.

ENTERED
January 19, 2017
David J. Bradley, Clerk

CIVIL NO. B-16-020
CRIMINAL NO. B-14-241-1

ORDER
On September 13, 2016, the United States Magistrate Judge filed a Report and
Recommendation. [Doc. No. 6]. On October 17, 2016, Plaintiff filed his Motion for Extension of
Time to Respond to the Magistrate’s Report and Recommendation, or in the Alternative, to Stay the
Report in Light of Certiorari Being Granted in Beckles v. U.S. which is Applicable to the Case, Sub
Judice; and, Actual and Factual Notice of Change of Address [Doc. No. 9]. On October 19, 2016,
the Court granted Defendant an extension to file his objections by November 30, 2016. No
objections were filed; however, the Court will consider Defendant’s Motion [Doc. No. 9] as his
objections to said Report and Recommendation.
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Plaintiff’s objections, the Court hereby adopts the Magistrate Judge's Report and
Recommendation. Therefore, Petitioner Carmelo Daniel Pena-Gonzalez’s Motion to Vacate, Set
Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed because he
waived the right to file the instant petition. Alternatively, the motion is denied as meritless. The
Motion to Stay is likewise denied. The issuance of a Certificate of Appealability is denied.
Signed this 19th day of January, 2017.

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Andrew S. Hanen
United States District Judge