Martinez-Cardenas v. United States Of America

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 29 Report and Recommendations, 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:12-CR-0855 (Defendant No. 01). The court adopts the magistrate judge's proposed findings and recommendations and dismisses with prejudice the petition for writ of habeas corpus. The court directs the clerk to close this case. (Signed by Judge Hilda G Tagle) Parties notified.(dnoriega, 1)

United States District Court
Southern District of Texas

ENTERED
December 21, 2016

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
MARTIN MARTINEZ-CARDENAS
Petitioner
VS.
UNITED STATES OF AMERICA

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David J. Bradley, Clerk

CIVIL NO. 1:14-CV-22
(CRIM NO. 1:12-cr-00855-1)

ORDER
Petitioner Martin Martinez-Cardenas, a former Texas prisoner who has since
been released from Bureau of Prisons custody, filed a pro se petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2255 on June 4, 2014. See Dkt. Nos. 1, 29.
The Court has before it Petitioner’s pro se motion, Dkt. No. 1, and the Report and
Recommendations of the magistrate judge to whom this case was referred pursuant
to 28 U.S.C. § 636(b), Dkt. No. 29 (“R&R”).
The deadline to file objections to the magistrate judge’s proposed findings and
recommendations has passed, and the docket sheet shows that no objections have
been filed. See 28 U.S.C. § 636(b)(1) (setting 14-day deadline to file objections); Fed.
R. Civ. P. 72(b)(2) (same); see also R&R at 5 (advising parties of 14-day deadline).
The docket also shows that Petitioner received a copy of the R&R as of November
17, 2016. After independently reviewing the record and considering the applicable
law,

the

Court

adopts

the

magistrate

judge’s

proposed

findings

and

recommendations and DISMISSES WITH PREJUDICE the petition for a writ of
habeas corpus, Dkt. No. 1. The Court directs the Clerk to close this case.
It is so ORDERED.
SIGNED this 20th day of December, 2016.
___________________________________
Hilda Tagle
Senior United States District Judge

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