Opinion
CIVIL ACTION NO. M-15-35 CRIMINAL ACTION NO. M-13-101-1
07-14-2017
ERNESTO GOMEZ MARTINEZ v. UNITED STATES OF AMERICA
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding Movant Ernesto Gomez Martinez's action pursuant to 28 U.S.C. § 2255. After having reviewed the said Report and Recommendation, and no objections having been filed by either party, the Court is of the opinion that the conclusions in said Report and Recommendation should be adopted by this Court.
It is, therefore, ORDERED, ADJUDGED and DECREED that the conclusions in United States Magistrate Judge Peter E. Ormsby's Report and Recommendation entered as Docket Entry No. 7 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge's conclusions, is of the opinion that the Motion to Vacate Sentence under 28 U.S.C. § 2255 should be DISMISSED and that a certificate of appealability should be DENIED.
The Clerk shall send a copy of this Order to the Movant and counsel for Respondent.
SO ORDERED this 14th day of July, 2017, at McAllen, Texas.
/s/_________
Randy Crane
United States District Judge