USA v. Castro Garcia et al

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

MANELY ENRIQUEZ, )
BOP Reg. #50374-069, )
)
Movant, )
) CIVIL ACTION NO. 1:23-00159-JB-N
v. )
) CRIMINAL ACTION NO. 1:19-00033-JB-3
UNITED STATES OF AMERICA, )
)
Respondent. )

ORDER

After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge dated July 22, 2026
(Doc# 323
1
)—made under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing Section
2255 Proceedings for the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R)—is
ADOPTED as the opinion of the Court.
Accordingly, it is ORDERED that Movant MANELY ENRIQUEZ’s motion to vacate, set aside,
or correct sentence under 28 U.S.C. § 2255 dated April 26, 2023 (Doc# 247), is DENIED and
DISMISSED with prejudice, without an evidentiary hearing or expansion of the record; that his
unsigned motion for appointment of counsel dated November 6, 2025 (Docs# 317) be DENIED;
and that Enriquez be DENIED a Certificate of Appealability in relation to the dismissal of this §
2255 motion. The undersigned further RECOMMENDS that the Court certify that any appeal by
Enriquez of the denial of the present § 2255 motion would be without merit and therefore not

1
All “Doc.” citations herein refer to the docket of the above-numbered criminal action.
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taken in good faith, thus denying him entitlement to appeal in forma pauperis.
Final judgment in accordance with this order shall forthwith be set out by separate
document under Federal Rule of Civil Procedure 58. The Clerk of Court is DIRECTED to thereafter
administratively close the above-numbered civil action.
DONE and ORDERED this 17
th
day of August, 2026.

/s/ JEFFREY U. BEAVERSTOCK
CHIEF UNITED STATES DISTRICT JUDGE

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