Cruz v. USA

Filing 18

ORDER adopting 16 Report and Recommendations and denying 1 MOTION to Vacate filed by Richard Cruz. Signed by District Judge Irene M. Keeley on 3/16/11. (Copy PS Petitioner via cert. mail)(mh)

Cruz v. USA

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA RICHARD CRUZ, Petitioner, v. // CIVIL ACTION NO. 1:09CV60 CRIM. ACTION NO. 1:07CR68 (Judge Keeley)

UNITED STATES OF AMERICA, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 16) AND DISMISSING 28 U.S.C. § 2255 PETITION WITH PREJUDICE On November 1, 2010, the Honorable David J. Joel, United States Magistrate Judge, entered a Report and Recommendation ("R&R"), concluding that this 28 U.S.C. § 2255 petition filed by the pro se petitioner, Richard Cruz, should be dismissed with prejudice because of a valid waiver of habeas rights contained in Cruz's plea agreement. Cruz filed no objection to the R&R, and the time to do so has expired. Accordingly, the Court ADOPTS the R&R (dkt. 16) in its entirety, DENIES the petition for a writ of habeas corpus, and DISMISSES this case WITH PREJUDICE. The Court declines to issue a certificate of appealability because Cruz raises no colorable claim of denial of a constitutional right. It is so ORDERED. The Court directs the Clerk to prepare a separate judgment order and to transmit copies of both orders to counsel of record and to the pro se petitioner via certified mail, return receipt requested. DATED: March 16, 2011. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE

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