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)

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

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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.

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Randy Crane
United States District Judge
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