Opinion
Civil Action 1:22-cv-00123
11-17-2022
ROBERTO SCOTT GONZALEZ, “Petitioner”, v. UNITED STATES OF AMERICA, “Respondent”.
ORDER ADOPTING MAGISTRATE .JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA, UNITED STATES DISTRICT JUDGE
Before the Court is Petitioner's “Motion Pursuant to 28 U.S.C. § 2255” (“Motion”) (Dkt. No. 1), Respondent's “Motion to Dismiss” (“MTD”) (Dkt. No. 5), and the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 7). The R&R recommends this Court (1) grant Respondent's MTD; (2) dismiss Petitioner's Motion; (3) decline to issue a certificate of appealability; and (4) direct the Clerk of Court to close this case.
No objections were filed by either party. When no objections are filed to a magistrate judge's ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED.
Respondent's MTD (Dkt. No. 5) is GRANTED. Petitioner's Motion (Dkt. No. 1) is DISMISSED. The Court DECLINES to issue a certificate of appealability. The Clerk of Court is ORDERED to close this case.