UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

GUADALUPE ORTIZ-MARTINEZ, § #87018-380 § CIVIL ACTION NO. 4:19-CV-174 § CRIMINAL ACTION NO. 4:17-CR-60(1) versus § § UNITED STATES OF AMERICA §

ORDER OF DISMISSAL The above-entitled and numbered civil action was referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation (#9) concluding that the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed pursuant to

should be denied and dismissed with prejudice. Movant filed objections (#11). The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. Having made a de novo review of the objections raised by Movant to the Report, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts the same as the findings and conclusions of the court. Furthermore, issues raised for the first time in the objections are not properly before the court and need not be addressed. See United States v. Armstrong,

(5th Cir. 1992); see also United States v. Cervantes,

(5th Cir. 1998) (district court does not abuse its discretion in refusing to consider new issues in a § 2255 after the Government filed its response). It is accordingly ORDERED that Movant’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (#1) pursuant to

is DENIED, and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions

by either party not previously ruled upon are DENIED.