Alaniz v. United States of America

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:15-CR-317 (Defendant No. 01), 5 Report and Recommendations. Petitioner's 2255 is hereby denied as meritless. The Certificate of Appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(JenniferLongoria, 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–– BENITO ALANIZ, SR., Petitioner, § § § § § § § VS. UNITED STATES OF AMERICA, Respondent. November 21, 2017 David J. Bradley, Clerk CIVIL NO. B-17-189 (CRIMINAL No. B-15-317-1) ORDER On September 14, 2017, the United States Magistrate Judge filed a Report and Recommendation. [Doc. No. 5]. Plaintiff has objected to said Report and Recommendation. [Doc. No. 9]. Having considered de novo the Magistrate Judge’s Report and Recommendation and the issues raised by Plaintiff’s objections, the Court orders that the Magistrate Judge's Report and Recommendation is hereby adopted. Therefore, Petitioner Benito Alaniz, Sr.’s Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is hereby denied as meritless. The Certificate of Appealability is denied. Signed this 20th day of November, 2017. _______________________________ Andrew S. Hanen United States District Judge

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