Mancillas v. USA, No. 5:2018cv00127 - Document 12 (S.D. Tex. 2019)

Court Description: ORDER, United States Magistrate Judge Sheldon issued a Report and Recommendationin accordance with 28 U.S.C. § 636(b)(l) recommending that Defendant's § 2255Motion (Dkt. No. 1; Cr. Dkt. No. 32)1 be DENIED and that this action beDISMISS ED. Dkt. No. 6 ; Cr. Dkt. No. 33 . Neither Party has filed objections to the Report and Recommendation. Applying a plain-error standard of review to the proposed findings and recommendations, the Court hereby ADOPTS Parts I, II.A, II.B, and III of the Report and Recommendation Dkt. No. 6 ; Cr. Dkt. No. 33 as the findings and opinion of the Court and makes one supplemental finding: Petitioner's attorney, Assistant Federal Public Defender David Castillo, filed his own affidavit in respon se to Petitioner's § 2255 motion asserting. Accordingly, Defendant's § 2255 Motion Dkt. No. 1 ; Cr. Dkt. No. 32 1s DENIED, and this civil action is DISMISSED WITH PREJUDICE.It is so ORDERED.SIGNED May 22, 2019.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(bmendoza, 5)