Opinion
Civil Action 1:21-cv-00189
08-17-2023
LEOBARDO ARRES-GONZALEZ, “Petitioner,” v. UNITED STATES OF AMERICA, “Respondent.”
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Rolando Olvera, United States Distrait Judge
Before the Court is the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 16). The R&R recommends this Court (1) grant Respondent's “Motion for Summary Judgment and Memorandum in Response to Arres-Gonzalez' § 2255 Motion” (“MSJ”) (Dkt. No. 14); (2) dismiss with prejudice Petitioner's “Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody” and “Memorandum Brief in Support of Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255” (collectively, “§ 2255 Motion”) (Dkt. Nos. 1 & 2); and (3) decline to issue a certificate of appealability; and (4) direct the Clerk of the Court to close this case. Dkt. No. 16.
Objections were due August 1,2023. No objections were filed by either party. If there have been no objections to the magistrate's ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson, 864 F.2d 1219,1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contraty to law, the R&R (Dkt. No. 16) is Adopted.
Respondent's MSJ (Dkt. No. 14) is Granted. All claims in Petitioner's § 2255 Motion and supporting supplements (Dkt. Nos. 1 & 2) are Dismissed with prejudice. The Court Declines to issue a certificate of appealability. The Clerk of the Court is Ordered to close this case.