Opinion
Civil Action No. 1:16-cv-00216 Criminal Action No. 1:12-cr-00004-1
01-31-2017
RAFAEL PEDREZ, 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. 5) in the above-captioned case. The Magistrate Judge's Report and Recommendation recommends that Rafael Pedrez's "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Docket No. 1) be transferred to the Fifth Circuit for consideration as a successive § 2255 motion. No objections have been filed.
After a de novo review of the file, the "Magistrate Judge's Report and Recommendation" (Docket No. 5) is ADOPTED. It is therefore ORDERED that Pedrez'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 TRANSFERRED to the Fifth Circuit for consideration.
Signed on this 31 day of January, 2017.
/s/_________
Rolando Olvera
United States District Judge