Robles-Torres v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 5 MOTION to Dismiss 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - McALLEN , A Certificate of Appealability is 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 ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION ALFONSO ROBLES-TORRES VS. UNITED STATES OF AMERICA April 20, 2017 David J. Bradley, Clerk § CIVIL ACTION NO. M-15-305 § § § CRIMINAL ACTION NO. M-13-1883-1 § § 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 20, 2017, the Magistrate Court issued the Report and Recommendation, recommending Respondent’s Motion to Dismiss be granted, that Movant’s 2255 motion be denied, and claims be dismissed with prejudice as time-barred, and that a Certificate of Appealability be denied upon the issuance of this Court=s final order. The time for filing objections has passed, and no objections have been filed. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error.1 Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Respondent’s Motion to Dismiss (Dkt. Entry No. 5) is GRANTED, and Movant’s 2255 Motion is DENIED and claims are DISMISSED with prejudice as time-barred. A Certificate of Appealability is DENIED. 1 As noted by the Fifth Circuit, A[t]he advisory committee=s note to Rule 72(b) states that, >[w]hen no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.=@ Douglas v. United Services Auto. Ass=n, 79 F.3d 1415, 1420 (5th Cir. 1996)(quoting Fed. R. Civ. P.72(b) advisory committee=s note (1983)) superceded by statute on other grounds by 28 U.S.C. ' 636(b)(1), as stated in ACS Recovery Servs., Inc v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5 (5th Cir. April 2, 2012). SO ORDERED this 20th day of April, 2017, at McAllen, Texas. ___________________________________ Randy Crane United States District Judge 2/2

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