Martinez-Arrellano v. United States of America

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 12 MOTION Certificate o Appealability, 8 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. B-15-896 (Defendant No. 01), 9 Report and Recommendations, (Signed by Judge Andrew S Hanen) Parties notified.(jtabares, 1)

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United States District Court Southern District of Texas IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION EULOGIO MARTINEZ-ARELLANO, Petitioner, § § § § § § § V. UNITED STATES OF AMERICA, Respondent. ENTERED August 14, 2017 David J. Bradley, Clerk CIVIL NO. B-17-067 (CRIMINAL NO. B-15-896-1) ORDER Pending is the Magistrate Judge's June 28, 2017, Report and Recommendation in the abovereferenced cause of action. [Doc. No. 9] 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 Eulogio Martinez-Arrellano’s Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 8] is denied as meritless, and the issuance of a Certificate of Appealability is denied. Signed this 14th day of August, 2017. _________________________________ Andrew S. Hanen United States District Judge

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