Avila v. United States of America

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 14 MOTION for Extension of Time to File Objections to the Report and Recommendation. A Certificate of Appealability is DENIED. Case terminated on 3/21/2017.(Signed by Judge Randy Crane) Parties notified.(bgarces, 7)

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United States District Court Southern District of Texas UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION SEFERINO AVILA Movant VS. UNITED STATES OF AMERICA Respondent § § § § § § ENTERED March 22, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 7:14-CV-50 CRIMINAL NO. M-11-319-2 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 17, 2017, the Magistrate Court issued the Report and Recommendation, recommending that Respondent’s Motion to Dismiss 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, Respondent’s Motion to Dismiss (Crim. Dkt. Entry No. 11) is GRANTED for the reasons explained in the Report and Recommendation, 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. ___________________________________ Randy Crane United States District Judge 1/1

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