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)

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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 § § § § § § 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 1/1

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