Opinion
Civil Action No. 1:16-cv-00125 Criminal Action 1:10-cr-1055-1
04-04-2017
VICENTE MURO GOMEZ, 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. 5). The R&R recommends dismissing Gomez's "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1-2) and "Petitioner's Memorandum in Support of His Motion Under 28 U.S.C. § 2255, Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1). No Objections have been filed. After a de novo review of the file, the R&R is ADOPTED.
It is therefore ORDERED, ADJUDGED, and DECREED that Gomez's "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1-2) and "Petitioner's Memorandum in Support of His Motion Under 28 U.S.C. § 2255, Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1) are 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 4th day of April, 2017.
/s/_________
Rolando Olvera
United States District Judge