Razo-Elizarraras v. United States of America
Filing
13
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING DISMISSAL re: 10 Report and Recommendations, 4 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN (Signed by Judge Randy Crane) Parties notified.(cvillegas, 7) .
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
GABRIEL RAZO-ELIZARRARAS
VS.
UNITED STATES OF AMERICA
ENTERED
April 20, 2017
David J. Bradley, Clerk
§
CIVIL ACTION NO. M-14-543
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§
§ CRIMINAL ACTION NO. M-13-577-1
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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 Gabriel Razo-Elizarraras’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. 10 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.
___________________________________
Randy Crane
United States District Judge
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