Munoz-Villalon 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. 1:15cr288 (Defendant No. 1). The issuance of a Certificate of Appealability is denied.(Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 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 ALBERTO MUNOZ-VILLALON, Petitioner, § § § § § § § V. UNITED STATES OF AMERICA, Respondent. August 17, 2017 David J. Bradley, Clerk CIVIL ACTION NO. B-17-123 CRIMINAL NO. B-15-288 ORDER Pending is the Magistrate Judge's July 13, 2017, Report and Recommendation in the abovereferenced cause of action. [Doc. No. 11] 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, it is ordered that Petitioner Jose Alberto MunozVillalon’s Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed as untimely filed, or alternatively, denied as meritless. The issuance of a Certificate of Appealability is denied. Signed this 16th day of August, 2017. ________________________________ Andrew S. Hanen United States District Judge

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