Delgado v. United States of America

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 16 Report and Recommendations, (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 DANE FRANCISCO DELGADO, Petitioner, § § § § § § § V. UNITED STATES OF AMERICA, Respondent. January 18, 2017 David J. Bradley, Clerk CIVIL ACTION NO. B-16-132 CRIMINAL NO. B-14-008-1 ORDER On December 9, 2016, the United States Magistrate Judge filed an Amended Report and Recommendation [Doc. No. 16]. No objections have been lodged by either side and the time for doing so has expired. Having reviewed all of the pleadings and the Amended 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 Dane Francisco Delgado’s Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is denied as meritless. The Government’s motion for summary judgment [Doc. No. 13] is granted. Further, Court denies the issuance of a Certificate of Appealability. Signed this 17th day of January, 2017. ________________________________ Andrew S. Hanen United States District Judge

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