□ Southern District of Texas _ UNITED STATES DISTRICT COURT ENTERED SOUTHERN DISTRICT OF TEXAS June 16, 2021 BROWNSVILLE DIVISION Nathan Ochsner, Clerk MIGUEL ESPARZA-SALAZAR, § Petitioner. § : v. oe & Civil Action No. 1:19-cv-00212 * ‘ § ° UNITED STATES OF AMERICA, § Respondent. § § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court are these pleadings: Miguel Esparza-Salazar’s (“Petitioner”) “Motion under

to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody” (“Motion”) (Dkt. No. 1), Respondent’s “Memorandum in Opposition to § 2255 Motion” (Dkt. No. 13), Petitioner’s “Motion in Opposition to the Government’s Response to Petitioner’s 28 U.S.C. 2255 Motion” (Dkt. No. 22), and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 23). The R&R recommends this Court deny Petitioner’s Motion, direct the clerk of court close the case, and decline to issue a certificate of appealability. See Dkt. No. 23. Objections were due June 4, 2021.! 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,

(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Petitioner’s Motion (Dkt. No. 1) is DENIED. The Court declines to issue a certificate of appealability. The District Court Clerk is ORDERED to close the case.

Signed on this (ss day of OUR , 2021.

Rolarfo Olvera United States District Judge

1 The Magistrate Judge set the objections deadline for May 5, 2021. Petitioner was served the R&R after the deadline passed. See Dkt. Nos. 26-27. This Court reset the deadline to June 4. See Fed.R.Civ.P. 72(a) (noting the 14-day clock for objections does not start until a party is served the R&R).