Reported / Citable
Background
German Zapata, proceeding pro se, moved under 28 U.S.C. § 2255 to vacate, set aside, or correct his federal sentence. The case was referred to U.S. Magistrate Judge Bill Davis for proposed findings, conclusions, and a recommended disposition.
On August 17, 2026, Judge Davis recommended denying the motion on the merits, dismissing the action with prejudice, and denying a certificate of appealability. Zapata, through counsel, objected to Section I of the report and also filed pro se objections to Section II.
The Court’s Holding
District Judge Jeremy D. Kernodle conducted de novo review of the objected-to portions of the magistrate judge’s report and reviewed the record as a whole. The court concluded that the report was correct and that Zapata’s objections lacked merit.
The court overruled both sets of objections, adopted the report as the opinion of the district court, and denied Zapata’s § 2255 motion. It dismissed the case with prejudice, denied a certificate of appealability, and denied all pending motions as moot.
Key Takeaways
- The court denied Zapata’s § 2255 motion on the merits.
- The court adopted Magistrate Judge Bill Davis’s report and recommendation after de novo review of the objections.
- The dismissal is with prejudice, and the court denied a certificate of appealability.
Why It Matters
The order ends Zapata’s collateral challenge to his federal sentence in the district court. By denying a certificate of appealability, the court found that appellate review should not proceed absent a certificate issued by the Fifth Circuit or another authorized judge.