Rodriguez-Martel v. United States of America

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 6 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN , A certificate of appealability should be DENIED. Case terminated on 4/20/2017.(Signed by Judge Randy Crane) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JOSE LUIS RODRIGUEZ-MARTEL
VS.
UNITED STATES OF AMERICA

ENTERED
April 21, 2017
David J. Bradley, Clerk

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CIVIL ACTION NO. M-14-CV-704
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§ CRIMINAL ACTION NO. M-11-2024-1
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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 Jose Luis Rodriguez-Martel’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. 12 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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