Urbina 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. B-14-647 (Defendant No. 01). Urbinas Motion to Vacate, Set Aside or Correct her Sentence is dismissed as untimely filed. The issuance of a Certificate of Appealability is denied.(Signed by Judge Andrew S Hanen) Parties notified.(scastillo, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
KAREN LATHZAYDA URBINA,
Petitioner,
V.
UNITED STATES OF AMERICA,
Respondent.

§
§
§
§
§
§
§

March 01, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. B-16-269
CRIMINAL NO. B-14-647-1

ORDER
Pending is the Magistrate Judge's January 24, 2017, Report and Recommendation in the
above-referenced cause of action. [Doc. No. 5] No objections have been lodged by either side and
the time for doing so has expired.
Having reviewed all of the pleadings and 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 Karen Lethzayda Urbina’s Motion to
Vacate, Set Aside or Correct her Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed
as untimely filed. Alternatively, it is denied as meritless. The issuance of a Certificate of
Appealability is denied.
Signed this 1st day of March, 2017.

________________________________
Andrew S. Hanen
United States District Judge