Sanchez-Marin v. United States of America

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: granting 14 MOTION to Dismiss 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:19-CR-089 (Defendant No. 1) As Untimely Filed, Motion for Summary Judgement, a nd Response, 18 Report and Recommendations, dismissing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:19-CR-089 (Defendant No. 1) (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(mperez, 1) (Main Document 21 replaced on 1/7/2022) (mperez, 1).

Case 1:21-cv-00068 Document 21 Filed on 01/07/22 in TXSD Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
SANDRA SANCHEZ-MARIN
Petitioner
VS.
UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:21-CV-068
CRIMINAL NO. 1:19-CR-089

ORDER
Plaintiff Sandra Sanchez-Marin filed a Motion under 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct her Sentence by a Person in Federal Custody (Doc. 1), alleging that her
defense counsel provided ineffective assistance.

The Government moved for summary

judgment on the grounds that Sanchez-Marin’s Motion is time-barred and, in the alternative,
substantively meritless. (Motion for Summary Judgment, Doc. 14)
A United States Magistrate Judge recommends that the petition be denied as untimely
filed. (R&R, Doc. 18) No party filed objections to the Report and Recommendation, and the
Court finds no plain error within it.
As a result, the Court ADOPTS the Report and Recommendation (Doc. 18). It is:
ORDERED that Defendant United States of America’s Motion to Dismiss as Untimely
Filed, Motion for Summary Judgment, and Response (Doc. 14) is GRANTED; and
ORDERED that all claims against the United States by Petitioner Sandra SanchezMarin in her Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a
Person in Federal Custody (Doc. 1) are DISMISSED WITH PREJUDICE as untimely filed.
In addition, the Court finds that no outstanding issue would be debatable among jurists
of reason, and that Sanchez-Marin fails to make a “substantial showing of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2). Accordingly, the Court DENIES a Certificate of
Appealability.
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Case 1:21-cv-00068 Document 21 Filed on 01/07/22 in TXSD Page 2 of 2

The Clerk of Court is directed to close this matter.
Signed on January 7, 2022.
____________________________
Fernando Rodriguez, Jr.
United States District Judge

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