Vallin-Nieves v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:14-CR-142 (Defendant No. 001), 4 Report and Recommendations. It is ordered that Petitioner's 2255 petition is dismissed for lack of jurisdiction. The issuance of a Certificate of Appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(JenniferLongoria, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
OFELIA VALLIN-NIEVES,
Petitioner,

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V.
UNITED STATES OF AMERICA
Respondent.

November 21, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. B-17-173
(CRIMINAL NO. B-14-142-1)

ORDER
Pending is the Magistrate Judge's September 5, 2017, Report and Recommendation in the
above-referenced cause of action. [Doc. No. 4] 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 Ofelia Vallin-Nieves’s
§ 2255 petition [Doc. No. 1] is dismissed for lack of jurisdiction as a successive petition. The
issuance of a Certificate of Appealability is denied.
Signed this 20th day of November, 2017.

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Andrew S. Hanen
United States District Judge