UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

JOSE E. J. AGUIRRE #26312-078 § § versus § CIVIL ACTION NO. 4:19-CV-401 § CRIMINAL ACTION NO. 4:12-CR-295(10) 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 (#10) 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 (#12). In his objections, Movant simply reurges the ineffective assistance of counsel claims that he raised in the § 2255 motion. Despite his arguments, Movant fails to show that, but for his trial and appellate counsel’s deficient performance, the outcome of the proceedings would have been different. Strickland v. Washington,

(1984). Movant fails to show the Report and Recommendation is in error or that he is entitled to habeas relief. 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, and 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 Movant’s objections are without merit. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. 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.

SIGNED at Beaumont, Texas, this 12th day of May, 2022.

MARCIA A. CRONE UNITED STATES DISTRICT JUDGE