Opinion
Civil Action No. 1:16-cv-00131 Criminal Action 1:98-cr-158-2
04-04-2017
MARIO TREVINO TUNCHEZ, 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. 9). The R&R recommends dismissing Tunchez's "Motion to Vacate, Correct Illegal Sentence Under 18:2255(B),(F)(3)" (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 Tunchez's "Motion to Vacate, Correct Illegal Sentence Under 18:2255(B),(F)(3)" (Docket No. 1) 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 4th day of April, 2017.
/s/_________
Rolando Olvera
United States District Judge