Montes v. USA, No. 2:2021cv00255 - Document 10 (N.D. Tex. 2023)

Court Description: ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION and Denying Certificate of Appealability re: 9 Findings and Recommendations on Case re: 2 Motion to Vacate filed by Andrew Montes. (Ordered by Judge Matthew J. Kacsmaryk on 9/27/2023) (nht)

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Montes v. USA Doc. 10 Case 2:21-cv-00255-Z-BR Document 10 Filed 09/27/23 Page 1 of 2 PageID 55 IN THE LJNITTD S'I'A'I-E.S DISTRIC'I COTJRT FOR THtl NOR'fllllRN DISTRICJ'OF TEXAS AMARILLO DIVISION ANDRTW MONTES. Petitioner 2:21 -CY-255-Z-BR V LJN I]'ED S]'ATES OIr AMIIRIClA. Respondent. ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION Befbre the Court are the findings, conclusions. and recommendation of the United States Magistrate Judge to deny Petitioner's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. $ 2255. ECF No. 9. No objections to the findings, conclusions, and recommendation have been flled. Afler making an independent review of the pleadings. files. and records in this case. the Court concludes that the findings. conclusions. and recommendation of the Magistrate Judge are correct. It is therefbre ORDERED that the findings, conclusions. and recommendation of the Magistrate Judge are ADOPTED and the case is DISMISSED. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 1 1(a) of the Rules Governing Section 2254 Cases in the United States District Courts, and 28 LJ.S.C. g 2253(c), the Court DENIES a certif-icate of appealability because Petitioner has failed to make "a substantial showing of the denial of a constitutional right." Slackv. McDaniel. 529 U.S. 473,484 (2000); see ulso Hernundezv. Thuler.630 F.3d 420,424 (5th Cir.2011). The Clourt ADOPTS and incorporates by refbrence the Magistrate Judge's findings. conclusions, and recommendation filed in this case in support of its flnding that Petitioner has tailed to show (1) that reasonable jurists would flnd this Court's "assessment of the constitutional claims debatable Dockets.Justia.com Case 2:21-cv-00255-Z-BR Document 10 Filed 09/27/23 Page 2 of 2 PageID 56 or wrong." or (2) that reasonablc.iurists would Irnd'"it dcbatable whcthcr thc petition statcs a valid claim of thc dcnial ol'a constitutional right" and "dobalablc whethcr lthis Courtl was corrcct in its procedural ruling ." Sluck. 529 tJ.S. at 484. IT IS SO ORDERED. Septcmbcr 42023 MA HEW.I. KACSMARYK S'l'A'l'lrS I)lS'l'RICT .ltJlXill t INI'l'11D ')

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