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)

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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 § CIVIL ACTION NO. M-14-CV-704 § § § CRIMINAL ACTION NO. M-11-2024-1 § § ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL The Court has reviewed the magistrate judge's Report and Recommendation regarding Movant 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 1/1

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