Reported / Citable
Background
Jose Humberto Barrera filed a motion under 28 U.S.C. § 2255 seeking to vacate, set aside, or correct his sentence. The matter was referred to a United States magistrate judge under 28 U.S.C. § 636.
On August 31, 2026, the magistrate judge recommended denying the § 2255 motion and dismissing the action with prejudice. No timely objections to that report and recommendation were filed.
The Court’s Holding
District Judge Sean D. Jordan adopted the magistrate judge’s proposed findings and conclusions in full, concluding they were correct.
The court denied Barrera’s § 2255 motion and dismissed the case with prejudice. It also denied a certificate of appealability and denied all previously unresolved motions by either party.
Key Takeaways
- A district court may adopt a magistrate judge’s report and recommendation when no timely objections are filed.
- Barrera’s request for § 2255 relief was denied, and the action was dismissed with prejudice.
- The court denied a certificate of appealability.
Why It Matters
The order ends Barrera’s collateral challenge in the district court and forecloses relitigation of the dismissed § 2255 action. Because the court denied a certificate of appealability, Barrera would need to obtain one to pursue an appeal of the § 2255 disposition.