Flores-Reyes v. United States of America
ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 5 Motion for Summary Judgment filed by USA, 1 Motion to Vacate (2255) filed by Ovidio Flores-Reyes, 6 Report and Recommendations.(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
UNITED STATES OF AMERICA
April 20, 2017
David J. Bradley, Clerk
CIVIL ACTION NO. 7:14-CV-683
CRIMINAL NO. M-13-1674-1
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Movant=s motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. ' 2255, which motion had been referred to the Magistrate Court for a
report and recommendation. On February 22, 2017, the Magistrate Court issued the Report and
Recommendation, recommending that Movant’s section 2255 motion be dismissed with
prejudice, Respondent’s motion for Summary Judgment be denied without prejudice as moot,
and that a Certificate of Appealability be denied upon the issuance of this Court=s final order.
The time for filing objections has passed, and no objections have been filed.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and
Recommendation for clear error.1
Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, Respondent’s Motion to Dismiss (Dkt. Entry No.
5) is DENIED without prejudice as moot, and Movant’s section 2255 motion is DISMISSED
without prejudice as moot. A Certificate of Appealability is DENIED.
As noted by the Fifth Circuit, A[t]he advisory committee=s note to Rule 72(b) states that, >[w]hen
no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.=@ Douglas v. United Services Auto. Ass=n, 79 F.3d 1415, 1420 (5th
Cir. 1996)(quoting Fed. R. Civ. P.72(b) advisory committee=s note (1983)) superceded by statute on other grounds
by 28 U.S.C. ' 636(b)(1), as stated in ACS Recovery Servs., Inc v. Griffin, No. 11-40446, 2012 WL 1071216, at *7
n.5 (5th Cir. April 2, 2012).
SO ORDERED this 20th day of April, 2017, at McAllen, Texas.
United States District Judge
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