Guevara v. United States of America

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 19 Report and Recommendations. The Court hereby DISMISSES WITH PREJUDICE Petitioner's 28 U.S.C. § 2255 Motion, as amended. A certificate of appealability shall not issue. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION RONALD GUEVARA, Petitioner, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § April 12, 2018 David J. Bradley, Clerk Case No. 1:15-cv-086 (Criminal No. 1:13-cr-652-1) ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the Magistrate Judge’s March 12, 2018, Report and Recommendation (“R&R”) in the above-captioned case. Dkt. No. 19. The time to file objections to the R&R has passed, and no objections have been filed. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections; FED. R. CIV. P. 72(b)(2) (same). After a de novo review of the case, the Court ADOPTS the Magistrate Judge’s R&R. Id. However, with regard to Petitioner’s claim that he received ineffective assistance of counsel prior to pleading guilty, the Court clarifies that Magistrate Judge Ronald G. Morgan (“Judge Morgan”) presided over Petitioner’s September 24, 2013, re-arraignment hearing.1 See United States v. Guevara, 1:13-cr-652-1, Minute Entry entered on Sept. 24, 2013 (S.D. Tex. filed Aug. 13, 2013). The Court hereby DISMISSES WITH PREJUDICE Petitioner’s 28 U.S.C. § 2255 Motion, as amended. A certificate of appealability shall not issue. The Court will direct entry of final judgment separately. SIGNED this 12th day of April, 2018. ___________________________________ Hilda Tagle Senior United States District Judge The R&R quotes from the September 24, 2013, re-arraignment hearing transcript. Dkt. No. 19 at 17. While Petitioner’s speech in the quoted material is preceded by the identifier “Defendant Guevara,” Judge Morgan’s speech is preceded by the identifier “The Court.” 1 1/1

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