Opinion
Civil Action 1:22-CV-143 CRIMINAL ACTION 1:21-CR-655-1
11-15-2022
REYNALDO GILBERTO PADILLA-TORRES, Petitioner, v. UNITED STATES OF AMERICA
ORDER
FERNANDO RODRIGUEZ, JR. UNITED STATES DISTRICT JUDGE
On October 17, 2022, Petitioner Reynaldo Gilberto Padilla-Torres moved to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (Doc. 1) He alleges “[h]e is being deprived of his constitutional [ ] liberty” because Congress “proscribe[d] marijuana [ ] without due process of law” and “without compelling government reasons”. (Id. at 3)
The Magistrate Judge recommends that Padilla-Torres's Motion be denied as substantively meritless. (R&R, Doc. 4) No party filed objections to the Report and Recommendation, and the Court finds no plain error within it. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(3).
As a result, the Court ADOPTS the Report and Recommendation (Doc. 4). It is:
ORDERED that all claims against the United States by Petitioner Reynaldo Gilberto Padilla-Torres in his Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1) are DISMISSED WITH PREJUDICE.
In addition, the Court finds that no outstanding issue would be debatable among jurists of reason, and that Padilla-Torres fails to make a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Accordingly, the Court DENIES a Certificate of Appealability.
The Clerk of Court is directed to close this matter.