Opinion
Civil Action No. 1:17-cv-00093 Criminal Action 1:15-cr-1010-01
01-08-2019
JUAN RICARDO HERNANDEZ, 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. 37) in the above-styled action. The R&R recommends dismissing Juan Ricardo Hernandez' (hereafter "Petitioner") "Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 9). The deadline to respond to the R&R was December 8, 2018; no objections were filed. After a de novo review of the file, the R&R is ADOPTED.
It is therefore ORDERED, ADJUDGED, and DECREED that Petitioner's "Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 9) 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 8th day of January, 2019.
/s/_________
Rolando Olvera
United States District Judge