Sayas v. United States

District Court, S.D. Texas

Sayas v. United States

Trial Court Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT enone SOUTHERN DISTRICT OF TEXAS eee □□ BROWNSVILLE DIVISION ZACK SAYAS, § “Petitioner,” § § v. § Civil Action No. 1:21-cv-000061 § Criminal Action No, 1:16-cr-000956 UNITED STATES OF AMERICA, § “Government.” §

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 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

(Sth 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.

Signed on this 1} O ey dayof ( ) oy 2022. Dre Rolgndo Olvera United States Distrigf Judge

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