Villalobos v. United States of America

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 28 Report and Recommendations. Petitioner Armando Villalobos' motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 docket no 1 is dismissed as untimely filed and procedurally defaulted, or alternatively, denied as meritless. The issuance of a Certificate of Appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(dbenavides, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ARMANDO VILLALOBOS,
Petitioner,
VS.
UNITED STATES OF AMERICA,
Respondent.

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May 16, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. B-17-090
Criminal No. B-12-374-1

ORDER
On March 27, 2018, the United States Magistrate Judge filed a Report and Recommendation
[Doc. No. 28]. Petitioner has objected [Doc. No. 31] to said Report and Recommendation.
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Petitioner’s objections, the Court hereby adopts the Magistrate Judge’s Report and
Recommendation. Therefore, Petitioner Armando Villalobos’ Motion to Vacate, Set Aside or
Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed as untimely filed and
procedurally defaulted, or alternatively, denied as meritless. The issuance of a Certificate of
Appealability is denied.
Signed this 16th day of May, 2018.

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Andrew S. Hanen
United States District Judge