Opinion
Civil Action No. 1:17-cv-00219 Criminal Action 1:15-cr-00465-1
08-29-2018
CARLOS EDUARDO DELGADO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is the "Magistrate Judge's Report and Recommendation" (hereafter "R&R") (Docket No. 20). The R&R recommends granting the United States of America's (hereafter "Respondent") "United States' Motion for Summary Judgment and Response to Motion for Relief under 28 U.S.C. § 2255") (Docket No. 19) and dismissing Carlos Eduardo Delgado's (hereafter "Petitioner") "Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1); Petitioner filed no objections to the R&R. After a de novo review of the file, the R&R is ADOPTED.
It is therefore ORDERED, ADJUDGED, and DECREED that Respondent's "United States' Motion for Summary Judgment and Response to Motion for Relief under 28 U.S.C. § 2255") (Docket No. 19) is GRANTED. Petitioner's "Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1) is DISMISSED with prejudice pursuant to Rule 4(b) of the Rules Governing § 2255 Proceedings for the United States District Courts. A certificate of appealability shall not issue. The Clerk is ORDERED to close this case.
Signed on this 29th day of August, 2018.
/s/_________
Rolando Olvera
United States District Judge