Mancilla v. United States of America (INMATE 3)

Filing 13

ORDER directing that: (1) ADOPTING 12 Report and Recommendation of the Magistrate Judge on grounds that petitioner's motion is untimely under 28 USC 2255(f); (2) petitioner's 2 motion to vacate, set aside, or correct sentence under 28 USC 2255 is DENIED; and (3) this action is DISMISSED with prejudice. Signed by Chief Judge William Keith Watkins on 5/30/17. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOSE ANTONIO MANCILLA,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CASE NO. 1:15-CV-313-WKW
[WO]

ORDER
On April 18, 2017, the Magistrate Judge filed a Recommendation (Doc. # 12)
to which no timely objections have been filed. Upon an independent review of the
record and upon consideration of the Recommendation, it is ORDERED that
(1)

The Recommendation (Doc. # 12) is ADOPTED on grounds that

Petitioner’s motion is untimely under 28 U.S.C. § 2255(f)1;
(2)

Petitioner’s motion to vacate, set aside, or correct sentence under 28

U.S.C. § 2255 (Doc. # 2) is DENIED; and
(3)

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This action is DISMISSED with prejudice.

The Recommendation includes a footnote that incorrectly states that Padilla v. Kentucky,
559 U.S. 356 (2010), was decided after Mancilla was sentenced. (See Doc. # 12, at 3 n.2.)
Although this footnote is superfluous to the Recommendation’s ultimate finding of untimeliness,
this Order clarifies that Mancilla’s sentencing post-dated Padilla.

A separate final judgment will be entered.
DONE this 30th day of May, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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