USA v. Castro Garcia et al

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Angel Castro Garcia entered that Movant Angel Castro Garcia's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 dated 4/26/2023, (Doc# 248), is DENIED and DISMISSED with prejudice, without an evidentiary hearing or expansion of the record; that Garcia's Motion[s] for Disposition on Writ of Habeas Corpus Under 28 U.S.C.S. 2255 (Docs# 312, 321) be therefore found MOOT to the extent they request disposition of his § 2255 motion, and be otherwise DENIED; and that Garcia 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 Garcia of the denial of the present § 2255 motion would be without merit and therefore not taken in good faith, thus denying him entitlement to appeal in forma pauperis. Signed by Chief District Judge Jeffrey U. Beaverstock on 8/17/26. Copy mailed to movant at FCI Oakdale II. (mbp)District Court Alsd17 ago 2026

Testo completo

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

ANGEL CASTRO GARCIA, )
BOP Reg. #17481-003, )
)
Movant, )
) CIVIL ACTION NO. 1:23-00160-JB-N
v. )
) CRIMINAL ACTION NO. 1:19-00033-JB-1
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# 322
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 ANGEL CASTRO GARCIA’s motion to vacate, set
aside, or correct sentence under 28 U.S.C. § 2255 dated April 26, 2023 (Doc# 248), is DENIED and
DISMISSED with prejudice, without an evidentiary hearing or expansion of the record; that
Garcia’s “Motion[s] for Disposition on Writ of Habeas Corpus Under 28 U.S.C.S. 2255” (Docs# 312,
321) be therefore found MOOT to the extent they request disposition of his § 2255 motion, and
be otherwise DENIED; and that Garcia be DENIED a Certificate of Appealability in relation to the
dismissal of this § 2255 motion. The undersigned further RECOMMENDS that the Court certify

1
All “Doc.” citations herein refer to the docket of the above-numbered criminal action.
Case 1:19-cr-00033-JB-B Doc# 327 Filed 08/17/26 Page 1 of 2 PageID#
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that any appeal by Garcia of the denial of the present § 2255 motion would be without merit and
therefore not 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

Case 1:19-cr-00033-JB-B Doc# 327 Filed 08/17/26 Page 2 of 2 PageID#
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