IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ABILENE DIVISION

JOSE DANIEL CARDENAS-RODRIGUEZ, _ ) ) Movant, ) ) CIVIL ACTION NO. v. ) 1:19-CV-153-C ) CRIMINAL NO. ) 1:18-CR-016-01-C UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Movant's claim alleging that counsel provided ineffective assistance by failing to file a notice of appeal should be denied.’ The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made.

(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or

contrary to law. See United States v. Wilson,

(Sth Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Counsel’s objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby

' Movant’s court appointed counsel filed objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on March 6, 2020. See Doc. 31.

ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Movant’s claim that counsel provided ineffective assistance by failing to file a notice of appeal is hereby DENIED and TREE) SO ORDERED this @ day of September, 2020.

□ eprrrity 4 | S E. INGS 2NIOR UNITED STATES DISTRICT JUDGE