Lopez-Ramos v. United States of America

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 16 REPORT AND RECOMMENDATIONS. A Certificate of Appealability is Denied. (Signed by Judge Micaela Alvarez) Parties notified.(klopez, 7)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
FELIPE LOPEZ-RAMOS
VS.
UNITED STATES OF AMERICA

§
§
§ CIVIL ACTION NO.
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ENTERED
January 29, 2019
David J. Bradley, Clerk

M-16-419

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Movant’s Motion to Vacate, Set Aside, or Correct Sentence pursuant
to 28 U.S.C. § 2255, which had been referred to the Magistrate Court for a report and
recommendation.

On January 10, 2019, the Magistrate Court issued the Report and

Recommendation, recommending that Movant’s § 2255 motion be DISMISSED without
prejudice, pursuant to Movant’s voluntary dismissal. 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, Movant’s § 2255 motion is DISMISSED without
prejudice. Further, a certificate of appealability is DENIED and the Court ORDERS this case
closed.
IT IS SO ORDERED.
DONE at McAllen, Texas, this 29th day of January, 2019.
___________________________________
Micaela Alvarez
United States District Judge

1

As noted by the Fifth Circuit, “[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 States
Service Auto. Ass’n, 79 F.3d 145, 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 P. 72(b) advisory committee’s note (1983)) superceded by statute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).

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