MUNOZ-MORALES v. U.S.

Civil Action No. B-16-177, Criminal No. B-15-1053-3.

JOSE ANGEL MUNOZ-MORALES, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

United States District Court, S.D. Texas, Brownsville Division.

Editors Note
Applicable Law: 28 U.S.C. § 2255
Cause: 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Nature of Suit: 510 Prisoner: Vacate Sentence
Source: PACER


Attorney(s) appearing for the Case

Jose Angel Munoz-Morales, Petitioner, Pro Se.

United States of America, Respondent, represented by Mary Jane Harmon , Office of the US Attorney.


ORDER

ANDREW S. HANEN, District Judge.

On January 9, 2017, the United States Magistrate Judge filed a Report and Recommendation. [Doc. No. 15]. Petitioner has filed his Reply to the United States' Motion to Dismiss. [Doc. No. 17].

Having considered de novo the Magistrate Judge's Report and Recommendation and the issues raised by Petitioner in his Reply to the Government's Motion to Dismiss, the Court orders that the Magistrate Judge's Report and Recommendation is hereby adopted. Therefore, Petitioner Jose Angel Munoz-Morales' Motion to Vacate, Set Aside or Correct his Sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 1] is dismissed as waived. Alternatively, the motion is denied as meritless. The issuance of a Certificate of Appealability is denied.


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