Martinez v. United States of America
||Daniel Valles Martinez
||United States of America
||March 20, 2009
||US District Court for the Eastern District of Texas
||XX US, Outside State
||Marcia A. Crone
||Earl S. Hines
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 2255 Motion to Vacate/Correct Illegal Sentence
|Jury Demanded By:
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|May 16, 2011
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that movant's motion be denied. Movant has failed to make any showing as to the cause and prejudice exception or the actual innocence excep tion to excuse his failure to raise this ground on direct appeal. The court is of the opinion that Movant is not entitled to a certificate of appealability. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation. Signed by Judge Marcia A. Crone on 5/16/11. (mrp, )
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