Cantu-Herrera v. United States of America

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING DISMISSAL re: 5 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN . A certificate of appealability should be DENIED, Case terminated on 3/29/2018.(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
CARLA CANTU-HERRERA
VS.
UNITED STATES OF AMERICA

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March 30, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. M-14-907
CRIMINAL ACTION NO. M-12-1036-2

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Movant Carla Cantu-Herrera’s action pursuant to 28 U.S.C. § 2255. After having reviewed the
said Report and Recommendation, and no objections having been filed by either party, 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. 8 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, the motion to reduce sentence should
be DENIED, 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 29th day of March, 2018, at McAllen, Texas.
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Randy Crane
United States District Judge
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