Villanova-Anaya v. United States of America

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 5 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN , Case terminated on 09/27/18. A certificate of appealability should be denied. (Signed by Judge Randy Crane) Parties notified.(klopez, 7).

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
EDUARDO VILLANOVA-ANAYA
VS.
UNITED STATES OF AMERICA

ENTERED
September 27, 2018
David J. Bradley, Clerk

§
§
CIVIL ACTION NO. M-15-141
§ CRIMINAL ACTION NO. M-13-1222-1
§
§

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND GRANTING
DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Movant Eduardo Villanova-Anaya’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. 26 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the
opinion that Movant be granted an out-of-time appeal, that the Motion to Vacate Sentence under
28 U.S.C. § 2255 should be DISMISSED without prejudice, that the Court will re-enter the
judgment in Movant’s criminal case, and that a certificate of appealability should be DENIED as
unnecessary.
The Clerk shall send a copy of this Order to counsel for the parties.
SO ORDERED this 27th day of September, 2018, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge
1/1