De Leon v. United States of America

Filing 27

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL re: 15 Report and Recommendation. A certificate of appealability is Denied. Case terminated on 9/30/2020. (Signed by Judge Randy Crane) Parties notified.(JenniferNogueira, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JUAN DE LEON
VS.
UNITED STATES OF AMERICA

September 30, 2020
David J. Bradley, Clerk

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CIVIL ACTION NO. M-17-003
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§ CRIMINAL ACTION NO. M-11-381-1
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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 Juan De Leon’s action pursuant to 28 U.S.C. § 2255, and Movant’s objections thereto.
After having reviewed the said Report and Recommendation, and after appropriate review of
Movant's objections thereto, 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 Juan F. Alanis' Report and Recommendation entered as Docket
Entry No. 15 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the
opinion that Respondent’s Motion for Summary Judgment should be GRANTED, Movant’s
Request for Counsel be DENIED, the Motion to Vacate Sentence under 28 U.S.C. § 2255 should
be DISMISSED, 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 30th day of September, 2020, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge
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