Opinion
Civil Action No. 1:17-cv-00035 Criminal Action No. 1:15-cr-1065-1
03-14-2017
ANDRES RAMOS ORDONES, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is the "Magistrate Judge's Report and Recommendation" (Docket No. 5) in the above-captioned case. The Magistrate Judge's Report and Recommendation recommends dismissing Andres Ramos Ordones' "Motion under 28 USC 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1) without prejudice because his direct appeal is pending in the Fifth Circuit. Docket No. 5 at 2-6. No objections were filed. As of March 14, 2017, Ordones' direct appeal is still pending.
After a de novo review of the file, the "Magistrate Judge's Report and Recommendation" (Docket No. 5) is ADOPTED. A certificate of appealability shall not issue. The Clerk is ORDERED to close this case.
Signed on this 14th day of March, 2017.
/s/_________
Rolando Olvera
United States District Judge