Munos Morales v. United States of America

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 15 Report and Recommendations, denying 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:12cr561-01. The issuance of a Certificate of Appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(avleal, 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 JOSE ANGEL MUNOZ-MORALES, Petitioner, § § § § § § § V. UNITED STATES OF AMERICA, Respondent. February 07, 2017 David J. Bradley, Clerk CIVIL ACTION NO. B-16-177 (CRIMINAL NO. B-15-1053-3) ORDER On January 9, 2017, the United States Magistrate Judge filed a Report and Recommendation. [Doc. No. 15]. Petitioner has filed his Reply to the United States’ Motion to Dismiss. [Doc. No. 17]. Having considered de novo the Magistrate Judge’s Report and Recommendation and the issues raised by Petitioner in his Reply to the Government’s Motion to Dismiss, the Court orders that the Magistrate Judge’s Report and Recommendation is hereby adopted. Therefore, Petitioner Jose Angel Munoz-Morales’ Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed as waived. Alternatively, the motion is denied as meritless. The issuance of a Certificate of Appealability is denied. Signed this 7th day of February, 2017. ________________________________ Andrew S. Hanen United States District Judge

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