Palacios-Garcia v. United States of America

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 7 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN , A certificate of appealability DENIED. Case terminated on 4/20/2017.(Signed by Judge Randy Crane) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
AROLDO PALACIOS-GARCIA
VS.
UNITED STATES OF AMERICA

ENTERED
April 20, 2017
David J. Bradley, Clerk

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CIVIL ACTION NO. M-14-194
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§ CRIMINAL ACTION NO. M-11-1764-1
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Movant Aroldo Palacios-Garcia’s action pursuant to 28 U.S.C. § 2255. After having reviewed
the said Report and Recommendation, and no objections having been filed by either party, the
Court is of the opinion that the conclusions in said Report and Recommendation should be
adopted by this Court.
It is, therefore, ORDERED, ADJUDGED and DECREED that the conclusions in
United States Magistrate Judge Peter E. Ormsby's Report and Recommendation entered as
Docket Entry No. 8 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the
opinion that Respondent’s Motion to Dismiss should be GRANTED, the Motion to Vacate
Sentence under 28 U.S.C. § 2255 should be DISMISSED, and that a certificate of appealability
should be DENIED. The Clerk shall send a copy of this Order to the Movant and counsel for
Respondent.
SO ORDERED this 20th day of April, 2017, at McAllen, Texas.

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Randy Crane
United States District Judge
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