Vielma-Garcia v United States of America

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 9 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN , Case terminated on 3/19/2018. A Certificate of Appealability is DENIED.(Signed by Judge Randy Crane) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JOSE VIELMA-GARCIA
Movant
VS.
UNITED STATES OF AMERICA
Respondent

§
§
§
§
§
§

March 19, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. M-14-759
CRIMINAL NO. M-11-284-1

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 March 30, 2017, the Magistrate Court issued the Report and
Recommendation, recommending that Respondent’s Motion to Dismiss be granted, and that
Movant’s section 2255 motion be dismissed with prejudice, and that a Certificate of
Appealability be denied upon the issuance of this Court=s final order. Also pending before the
Court are Movant’s objections to the Report and Recommendations (Docket Entry No. 15).
Althought Movant was given additional time to respond to the Motion to Dismiss because it was
not provided earlier access to trial counsel’s affidavit (Docket Entry No. 17), Movant made no
additional response after having received trial counsel’s affidavit.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo
review of the Report and Recommendation.

Finding no clearly erroneous error, the Court

adopts the Report and Recommendation in its entirety. Accordingly, Respondent’s Motion to
Dismiss (Dkt. Entry No. 9) is GRANTED, and Movant’s section 2255 claims are DISMISSED
with prejudice. A Certificate of Appealability is DENIED.
1/2

SO ORDERED this 19th day of March, 2018, at McAllen, Texas.

___________________________________
Randy Crane
United States District Judge

2/2