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)

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,

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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.

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Andrew S. Hanen
United States District Judge