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)

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

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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.
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Randy Crane
United States District Judge
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