Opinion
Civil Action 1:23-cv-113
05-05-2023
JOEL VARGAS v. UNITED STATES OF AMERICA
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CHRISTINE L STETSON, UNITED STATES MAGISTRATE JUDGE
Joel Vargas, proceeding pro se, filed this Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. The above-styled matter was referred to the undersigned magistrate judge pursuant to 28 U.S.C. § 636 for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Discussion
Movant was convicted of interstate transportation of stolen property, conspiracy to transport stolen property in interstate commerce and tampering with a witness, victim or informant. United States v. Vargas, No. 1:18cr7(3) (E.D. Tex. Jan. 10, 2020). Movant previously filed a Motion to Vacate, Set Aside or Correct Sentence challenging the same convictions. Vargas v. United States, No. 1:22cv193 (E.D. Tex.). As the prior Motion to Vacate remains pending before this court, the current Motion to Vacate should be dismissed without prejudice as repetitious.
Recommendation
This Motion to Vacate, Set Aside or Correct Sentence should be dismissed without prejudice as repetitious.
Objections
Objections must be (1) specific, (2) in writing, and (3) served and filed within 14 days after being served with a copy of this report. 28 U.S.C. § 636(b)(1).
Failure to file objections bars a party from (1) entitlement to de novo review by a district judge of proposed findings and recommendations, Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir. 1988), and (2) appellate review, except on grounds of plain error, of unobjected-to factual findings and legal conclusions accepted by the district court, Douglass v. United Serv. Auto. Ass'n., 79 F.3d 1415, 1429 (5th Cir. 1996) (en banc).