Sosa v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 5 Report and Recommendations, 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:14-641 (Defendant No. 2). The issuance of a Certificate of Appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 1) Modified on 8/1/2017 (dnoriega, 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 EDELMIRO SOSA, Petitioner, V. UNITED STATES OF AMERICA Respondent. § § § § § § § August 01, 2017 David J. Bradley, Clerk CIVIL ACTION NO. B-16-146 CRIMINAL NO. B-14-641-2 ORDER Pending is the Magistrate Judge's June 12, 2017, 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 Magistrate Judge's Report and Recommendation is hereby adopted. Therefore, Petitioner Edelmiro Sosa’s Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is denied because he waived the right to file this appeal and, further, because the petition is meritless. The issuance of a Certificate of Appealability is denied. Signed on August 1, 2017. __________________________________ Andrew S. Hanen United States District Judge

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