Salinas-Vargas v. United States

District Court, S.D. Texas

Salinas-Vargas v. United States

Trial Court Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT November 18, □□□□ SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk BROWNSVILLE DIVISION CARLA SALINAS-VARGAS, on St: Plaintiff, PT pets BE v. - § Civil Action No. 1:18-cv-00124 § UNITED STATES OF AMERICA, § Defendant. § § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”). Docket No. 20. The R&R recommends the following: (1) dismiss with prejudice Carla Salinas- Vargas’ (“Plaintiff”) “Motion Under

28 U.S.C. § 2255

to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody” (“Motion”) (Docket No. 1); (2) decline to issue a certificate of appealability; and (3) order the District Clerk’s Office to close this case. Objections were due October 14, 2020. Neither party filed objections. If there have been. no objections to the magistrate’s ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989). Finding no clear error, abuse of discretion, or issues contrary to law, the R&R is ADOPTED. Thus, Plaintiffs Motion (Docket No.1) is DISMISSED with prejudice. The Court DECLINES to issue a certificate of appealability. The District Clerk’s Office is ORDERED to close this case. . th Signed on this \Fj day of Novenbes , 2020.

Rofando Olvera nited States District Judgé -

Reference

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