AVILA-MONTOYA v. U.S.

Civil Action No. 1:16-cv-00168, Criminal Action No. 1:15-cr-103-1.

ANGEL AVILA-MONTOYA, Movant, 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

Angel Avila-Montoya, Petitioner, Pro Se.


ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

ROLANDO OLVERA, District Judge.

Before the Court is the "Magistrate Judge's Report and Recommendation" (hereafter "R&R") (Docket No. 5). The R&R recommends dismissing Angel Avila-Montoya's "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (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 Avila-Montoya'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 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.


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