Opinion
Civil Action No. 1:16-cv-00292 Criminal Action No. B-15-436-1
01-26-2017
EMILIO DE LA GARZA-MONTEMAYOR 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" (Docket No. 6) in the above-captioned case. The Magistrate Judge's Report and Recommendation recommends dismissing Emilio de la Garza-Montemayor's "Motion to Modify and Reduce Sentence" (Docket No. 1) because his direct appeal is pending in the Fifth Circuit. Docket No. 6 at 2-3. No objections were filed. As of January 26, 2017, Garza-Montemayor's direct appeal is still pending.
After a de novo review of the file, the "Magistrate Judge's Report and Recommendation" (Docket No. 6) is ADOPTED. A certificate of appealability shall not issue. The Clerk is ORDERED to close this case.
Signed on this 26 day of January, 2017.
/s/_________
Rolando Olvera
United States District Judge