Lopez v. U.S., M-06-544-2. (2016)
Court: District Court, S.D. Texas
Number: infdco20160223d38
Visitors: 5
Filed: Feb. 22, 2016
Latest Update: Feb. 22, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RANDY CRANE , District Judge . 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 November 24, 2015, the Magistrate Court issued the Report and Recommendation, recommending that Movant's section 2255 motion be dismissed with prejudice and that a Certificate of Appealability be denied upon the iss
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RANDY CRANE , District Judge . 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 November 24, 2015, the Magistrate Court issued the Report and Recommendation, recommending that Movant's section 2255 motion be dismissed with prejudice and that a Certificate of Appealability be denied upon the issu..
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ORDER ADOPTING REPORT AND RECOMMENDATION
RANDY CRANE, District Judge.
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 November 24, 2015, the Magistrate Court issued the Report and Recommendation, recommending that Movant's section 2255 motion be dismissed with prejudice and that a Certificate of Appealability be denied upon the issuance of this Court's final order. Also pending before the Court are Movant's objections to the Report and Recommendations.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of the Report and Recommendation. Finding no clearly erroneous error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Respondent's Motion to Dismiss (Dkt. Entry No. 11) is GRANTED for the reasons explained in the report, Movant's section 2255 motion is DENIED on the record for the reasons explained in the report, and Movant's claims are DISMISSED with prejudice. A Certificate of Appealability is DENIED.
SO ORDERED.
Source: Leagle
