Opinion
Civil Action 1:21-CV-068 CRIMINAL 1:19-CR-089
01-07-2022
SANDRA SANCHEZ-MARIN Petitioner v. UNITED STATES OF AMERICA
ORDER
FERNANDO RODRIGUEZ, JR., UNITED STATES DISTRICT JUDGE
Plaintiff Sandra Sanchez-Marin filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct her Sentence by a Person in Federal Custody (Doc. 1), alleging that her defense counsel provided ineffective assistance. The Government moved for summary judgment on the grounds that Sanchez-Marin's Motion is time-barred and, in the alternative, substantively meritless. (Motion for Summary Judgment, Doc. 14)
A United States Magistrate Judge recommends that the petition be denied as untimely filed. (R&R, Doc. 18) No. party filed objections to the Report and Recommendation, and the Court finds no plain error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 18). It is:
ORDERED that Defendant United States of America's Motion to Dismiss as Untimely Filed, Motion for Summary Judgment, and Response (Doc. 14) is GRANTED; and
ORDERED that all claims against the United States by Petitioner Sandra Sanchez-Marin in her 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 as untimely filed.
In addition, the Court finds that no outstanding issue would be debatable among jurists of reason, and that Sanchez-Marin 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.