Opinion
Civil Action 1:21-cv-000061 Criminal Action 1:16-cr-000956
05-10-2022
ZACK SAYAS, “Petitioner, ” v. UNITED STATES OF AMERICA, “Government.”
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Rolando Olvera, United States District Judge
Before the Court are these pleadings: Petitioner's “Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody” (“§ 2255 Motion”) (Dkt. No. 13), Petitioner's “Memorandum of Law in Support of Movant's 28 U.S.C. § 2255” (Dkt. No. 14), Government's “Motion for Summary Judgment” (“MSJ”) (Dkt. No. 30), and the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 38). The R&R recommends this Court (1) grant Government's MSJ (Dkt. No. 30); (2) dismiss all the claims in Petitioner's § 2255 Motion and supporting supplements; (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.
Government's MSJ (Dkt. No. 30) is GRANTED and all the claims in Petitioner's § 2255 Motion and supporting supplements are DISMISSED. The Court DECLINES to issue a certificate of appealability. The Clerk of the Court is ORDERED to close this case.