Opinion
1:23-CV-667-RP 1:19-CR-130-RP-1
07-26-2024
JUAN ANGEL AGUIRRE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
ROBERT PITMAN UNITED STATES DISTRICT JUDGE
Before the Court is Petitioner Juan Angel Aguirre's (“Aguirre”) Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. (Dkt. 998). Aguirre filed his motion on June 9, 2023. (Id.). The case was referred to United States Magistrate Judge Susan Hightower for findings and recommendations, pursuant to 28 U.S.C. § 636(b). Judge Hightower filed her report and recommendation on April 29, 2024. (Dkt. 1021). In her report and recommendation, Judge Hightower recommends that the Court deny Aguirre's motion “as time-barred under the one-year statute of limitations in 28 U.S.C. § 2255(f)(1).” (Id. at 4). Aguirre filed objections to the report and recommendation. (Dkt. 1024
A party may serve and file specific, written objections to a magistrate judge's findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C. § 636(b)(1)(C). Because Aguirre objected to each portion of the report and recommendation, the Court reviews the report and recommendation de novo. Having done so and for the reasons given in the report and recommendation, the Court overrules Aguirre's objections and adopts the report and recommendation as its own order.
Accordingly, IT IS ORDERED that the report and recommendation of United States
Magistrate Judge Susan Hightower, (Dkt. 1021), is ADOPTED. Marquardt's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody, (Dkt. 998), is DENIED as time-barred under the one-year statute of limitations in 28 U.S.C. § 2255(f)(1).
It is FURTHER ORDERED that a certificate of appealability is DENIED.