Hernandez v United States of America

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 7:11-cr-1746 (Defendant No. 01), A Certificate of Appealability is Denied. Case terminated on 10/01/2018.(Signed by Judge Micaela Alvarez) Parties notified.(NelidaLosoya, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
SERGIO HERNANDEZ
Plaintiff
VS.
UNITED STATES OF AMERICA

October 01, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 7:16-CV-368
§ Criminal Case No. 7:11-cr-1746
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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 September 5, 2018, the Magistrate Court issued the Report and
Recommendation, recommending that Movant’s section 2255 motion be denied, that the claims
be dismissed for the reasons explained in the Report and Recommendation, 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. Finding no clear error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, it is hereby ORDERED that Movant’s section
2255 is DENIED, and the claims are DISMISSED. A Certificate of Appealability is DENIED.
IT IS SO ORDERED.
DONE at McAllen, Texas, this 1st day of October, 2018.
___________________________________
Micaela Alvarez
United States District Judge

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