Castillo-Pizano v. United States of America

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 3 Report and Recommendations, Case terminated on 4/18/2017.(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
PEDRO CASTILLO-PIZANO
VS.
UNITED STATES OF AMERICA

April 18, 2017
David J. Bradley, Clerk

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CIVIL ACTION NO. M-16-260
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§ CRIMINAL ACTION NO. M-15-1468-1
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Movant Pedro Castillo-Pizano’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. 4 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the
opinion that the Motion to Vacate Sentence under 28 U.S.C. § 2255 should be DISMISSED
without prejudice as premature 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 18th day of April, 2017, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge
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