Vega v. United States of America

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 5 MOTION for Summary Judgment and Response to Vega's Motion for Relief Under 28 U.S.C. § 2255. A certificate of appealability should be DENIED. (Signed by Judge Randy Crane) Parties notified.(bgarces, 7)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION BALDOMERO VEGA VS. UNITED STATES OF AMERICA § § § § § § January 18, 2017 David J. Bradley, Clerk CIVIL ACTION NO.M-14-572 CRIMINAL NO. M-11-1667-15 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL The Court has reviewed the magistrate judge's Report and Recommendation regarding Movant Baldomera Vega’s action pursuant to 28 U.S.C. § 2255, and Movant’s objections thereto. After having reviewed the said Report and Recommendation, and after appropriate review of Movant's objections thereto, 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. 11 are hereby adopted by this Court. FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the opinion that Respondent’s Motion for Summary Judgment 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 18th day of January, 2017, at McAllen, Texas. ___________________________________ Randy Crane United States District Judge 1/1

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