Torres-Figueroa v. United States of America
Filing
11
ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 6 MOTION to Dismiss and Response to Movant's 2255 Motion, Case terminated on 7/5/2016.A a certificate of appealability should be DENIED.(Sgned by Judge Randy Crane) Parties notified.(bgarces, 7)
United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
ISMAEL TORRES-FIGUEROA
VS.
UNITED STATES OF AMERICA
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July 06, 2016
David J. Bradley, Clerk
CIVIL ACTION NO. M-14-428
CRIMINAL ACTION NO. M-12-1386-1
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Movant Ismael Torres-Figueroa’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. 9 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 5th day of July, 2016, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge
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