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) .

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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 § § § CRIMINAL ACTION NO. M-13-577-1 § § ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL The Court has reviewed the magistrate judge's Report and Recommendation regarding Movant 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 1/1

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