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Martinez v. U.S., M-11-855-1. (2016)

Court: District Court, S.D. Texas Number: infdco20160225e52 Visitors: 11
Filed: Feb. 24, 2016
Latest Update: Feb. 24, 2016
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL RANDY CRANE , District Judge . The Court has reviewed the magistrate judge's Report and Recommendation regarding Movant Fabian Martinez'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, t
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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 Fabian Martinez'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. 9 are hereby adopted by this Court.

FURTHER, the Court, having adopted the magistrate judge's conclusions, is of the opinion that Respondent's Motion to Dismiss should be GRANTED, 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

Source:  Leagle

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