Sanchez v. USA, No. 5:2019cv00134 - Document 35 (N.D. Tex. 2020)
Court Description: Order Adopting Findings and Recommendations re: 28 Report and Recommendation on re: 1 Motion to Vacate under 28 U.S.C. 2255 filed by Angel Lee Sanchez. The Court finds that Counsel's objections, as well as Movant's objections, should be OVERRULED. For the reasons stated therein, Movant's claim that counsel provided ineffective assistance by failing to file a notice of appeal is hereby DENIED and DISMISSED. (Ordered by Senior Judge Sam R Cummings on 8/31/2020) (bdg)
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Sanchez v. USA Doc. 35 Case 5:19-cv-00134-C-BQ Document 35 Filed 08/31/20 Page 1 of 2 PageID 283 IN THE LINITED STATES DISTRICT COURI' FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION ANGEI, I,EE SANCHEZ, Movant. UNITED STATES OF AMERICA, Rcspondent. ) ) ) ) CIVIL ACTION NO ) 5: I 9-CV- 134-C ) CRIMINALNO. ) ) 5: I 8-CR-020-02-C ) ) ORDER Before the Court are the Findings, Conclusions, and Recommendation ofthe United States Magistrate Judge therein advising the Court that Movant's claim alleging that counsel provided ineffective assistance by failing to file a notice ofappeal should be denied.r The Courl conducts ade novo review ofthose portions of the Magistrate Judge's report or specified proposed findings or recommendations 1o which a timely objection is made. 28 U.S.C $ 636(b)(1XC). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United Stures v. Wilson,864 F.2d 1219, 1221 (5thCir. 1989). Alter due consideration and having conducted a de novo review, the Court flnds that Counsel's objections, as well as Movant's objections, should be OVERRULED. The Court has lurlhcr conducted an independent review ofthe Magistrate Judge's findings and conclusions and I Movant's court appointed counsel filed objections to the Magistrate Judge's Findings, Concf usions, and Recommendation on May 27 ,2020. See Doc. 3 1 . Movant timely filed separate objections to the Magistrate Judge's Findings, Conclusions, and Recommendation on Ar.rgust 25,2020. See Doc. 34. Dockets.Justia.com Case 5:19-cv-00134-C-BQ Document 35 Filed 08/31/20 Page 2 of 2 PageID 284 finds no error. lt is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Movant's claim that counsel provided ineffcctive assistance by failing to file a notice appeal is hereby of DENIED and DISMISSED. So oRDERED ,n;' Sl4auyof Augusr.2020. I //,t '2't GS oR STATE I ). TRICT JUDGE
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