Cisneros v. United States of America

Filing 11

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. 1:94cr181 (Defendant No. 13). The Court prohibits Cisneros from filing any future collateral attacks on his conviction unless given permission by the Fifth Circuit Court of Appeals. The issuance of a Certificate of Appealability is denied (Signed by Judge Andrew S Hanen) Parties notified.(jtabares, 1)

United States District Court
Southern District of Texas

ENTERED
March 22, 2017
David J. Bradley, Clerk

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
JAVIER CISNEROS,
Petitioner,
VS.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL NO. B-17-036
(CRIMINAL NO. B-94-181-13)

ORDER
On February 15, 2017, the United States Magistrate Judge filed a Report and
Recommendation [Doc. No. 5]. Petitioner has objected [Doc. No. 10] to said Report and
Recommendation.
Petitioner’s Motion for Enlargement of Time to File Objections to Magistrate’s Report and
Recommendation [Doc. No. 9] is granted and the objections filed in Civil Cause No. B-17-036
(Document No. 10) have been considered. The Motion for Reassignment of Case to a District Judge
or a New Magistrate Judge in Criminal Cause No. B-94-181-13 [Document No. 787] is denied,
although a practical matter, the undersigned is a United States District Judge so the Report and
Recommendation process has effectively placed this matter before a United States District Judge.
Having considered de novo the Magistrate Judge’s Report and Recommendation and the issues
raised by Petitioner’s objections, the Court hereby adopts the Report and Recommendation.
Petitioner Javier Cisneros’ § 2255 petition [Doc. No. 1] is dismissed for lack of jurisdiction as a
successive petition, and the Court prohibits Cisneros from filing any future collateral attacks on his

conviction unless given permission by the Fifth Circuit Court of Appeals. The issuance of a
Certificate of Appealability is denied.
Signed this 22nd day of March, 2017.

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Andrew S. Hanen
United States District Judge

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