Linares v. The United States Of America

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS. A Certificate of Appealability is DENIED.(Signed by Judge Randy Crane) Parties notified.(bgarces, 7)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION RAFAEL GABRIEL LINARES Movant VS. THE UNITED STATES OF AMERICA Respondent § § § § § § § § March 24, 2017 David J. Bradley, Clerk CIVIL ACTION NO. M:15-122 CRIMINAL NO. M-13-1081-2 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 2, 2017, the Magistrate Court issued the Report and Recommendation, recommending that Respondent’s Motion to Dismiss be GRANTED, Movant’s Motion to Amend be DENIED, and that Movant’s 2255 motion be DENIED, and claims 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. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of the Report and Recommendation. Finding no clear erroneous error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Respondent’s Motion to Dismiss (Dkt. Entry No. 7) is GRANTED, Movant’s Motion to Amend (Dkt. Entry No. 13) is DENIED, and Movant’s 2255 Motion is DENIED, and claims are DISMISSED with prejudice. Certificate of Appealability is DENIED. 1/2 A SO ORDERED this 24th day of March, 2017, at McAllen, Texas. ___________________________________ Randy Crane United States District Judge 2/2

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