Opinion
CRIMINAL NO. M-11-396-7
01-29-2013
UNITED STATES OF AMERICA v. SANTOS ISIDRO DE LA PAZ
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The Court has reviewed the Magistrate Judge's Report and Recommendation regarding Defendant Santos Isidro de la Paz's untimely notice of direct appeal from the criminal judgement (Dkt. Entry No. 293), and accompanying remand instructions from the Court of Appeals for the Fifth Circuit (Dkt. Entry No. 311). 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 the United States Magistrate Judge Dorina Ramos' Report and Recommendation entered on the 25th day of October, 2012, are hereby adopted by this Court.
FURTHER, the Court, having adopted the conclusions of the Report and Recommendation of United States Magistrate Judge Dorina Ramos, finds that Defendant has not shown good cause or excusable neglect to permit an extension under Rule 4(b)(4), and DENIES Defendant's motion to proceed IFP on appeal as moot. (Dkt. Entry Nos. 305; 309). The Court further ORDERS that this case be returned to the United States Court of Appeals for the Fifth Circuit for further action pursuant to the remand order. (Dkt. Entry No. 311 at 2).
The Clerk shall send a copy of this Order to all parties of record.
SIGNED at McAllen, Texas this 29th day of January, 2013.
_________________________________
Randy Crane
UNITED STATES DISTRICT JUDGE