Opinion
CIVIL ACTION NO. M-14-759 CRIMINAL NO. M-11-284-1
03-19-2018
JOSE VIELMA-GARCIA Movant v. UNITED STATES OF AMERICA Respondent
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, which motion had been referred to the Magistrate Court for a report and recommendation. On March 30, 2017, the Magistrate Court issued the Report and Recommendation, recommending that Respondent's Motion to Dismiss be granted, and that Movant's section 2255 motion be dismissed with prejudice, and that a Certificate of Appealability be denied upon the issuance of this Court's final order. Also pending before the Court are Movant's objections to the Report and Recommendations (Docket Entry No. 15). Althought Movant was given additional time to respond to the Motion to Dismiss because it was not provided earlier access to trial counsel's affidavit (Docket Entry No. 17), Movant made no additional response after having received trial counsel's affidavit.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of the Report and Recommendation. Finding no clearly erroneous error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Respondent's Motion to Dismiss (Dkt. Entry No. 9) is GRANTED, and Movant's section 2255 claims are DISMISSED with prejudice. A Certificate of Appealability is DENIED.
SO ORDERED this 19th day of March, 2018, at McAllen, Texas.
/s/_________
Randy Crane
United States District Judge