Reported / Citable
Background
Hector Pacheco-Morales filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The consolidated matter was referred to a U.S. magistrate judge under 28 U.S.C. § 636.
On August 3, 2026, the magistrate judge issued a report recommending that the petition be denied as time-barred and that the case be dismissed with prejudice. No timely objections to the report were filed.
The Court’s Holding
District Judge Sean D. Jordan concluded that the magistrate judge’s findings and conclusions were correct and adopted the report as the court’s findings and conclusions.
The court denied the Section 2254 petition as time-barred, dismissed the case with prejudice, and denied a certificate of appealability.
Key Takeaways
- The Section 2254 habeas petition was denied because it was untimely.
- The absence of timely objections left the magistrate judge’s recommended findings and conclusions unchallenged.
- The dismissal was with prejudice, and the court denied a certificate of appealability.
Why It Matters
The order underscores that a federal habeas petition may be dismissed with prejudice when it is filed outside the applicable limitations period. It also illustrates the procedural consequence of failing to submit timely objections to a magistrate judge’s report and recommendation.