Galindo v. United States of America
ORDER ADOPTING REPORT AND RECOMMENDATIONS re: [ 9 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN and Response,, Case terminated on 3/21/2017. A Certificate of Appealability is DENIED.(Signed by Judge Randy Crane) Parties notified.(bgarces, 7)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA
March 22, 2017
David J. Bradley, Clerk
CIVIL ACTION NO. 7:13-CV-532
CRIMINAL NO. M-07-231-1
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Movant=s motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. ' 2255, which motion had been referred to the Magistrate Court for a
report and recommendation. On February 13, 2017, the Magistrate Court issued the Report and
Recommendation, recommending that respondent’s opposed motion to dismiss (Dkt. Entry No.
9) be granted and that Movant’s section 2255 motion be dismissed with prejudice and that a
Certificate of Appealability be denied upon the issuance of this Court=s final order. Also pending
before the Court are Movant’s objections to the Report and Recommendations.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo
review of the Report and Recommendation. Finding no clear erroneous error, the Court adopts
the Report and Recommendation in its entirety. Accordingly, Movant’s section 2255 claims are
DISMISSED with prejudice. A Certificate of Appealability is DENIED.
SO ORDERED this 21st day of March, 2017, at McAllen, Texas.
United States District Judge
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