Esquivel-Cabrera v. U.S.

Full title: ROBERTO ESQUIVEL-CABRERA, Petitioner, v. UNITED STATES OF AMERICA…

Court: United States District Court, M.D. Florida, Tampa Division

Crim. Case No. 8:03-CR-163-T-30TBM, Case No. 8:06-CV-499-T-30TBM.

Date published: Mar 31, 2006

Fact:

THIS CAUSE comes before the Court upon Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (CV Dkt. #1) filed on March 21, 2006, and Memorandum in support (CV Dkt. #2) filed on March 21, 2006. The Court has undertaken a preliminary review of the motion and Memorandum in support and the prior proceedings in the underlying criminal case as required by Rule 4 of the Rules Governing § 2255 Proceedings for the United States District Courts. After doing so, the Court concludes that this motion is due to be summarily denied without an evidentiary hearing because it plainly appears from the face of the motion and the prior criminal proceedings that Petitioner is entitled to no relief. Consequently, the Court needs no response from Respondent.

Issue:

CONCLUSION:

This Court finds that the motion is subject to dismissal pursuant to the one-year limitations period applicable to § 2255 motions. See 28 U.S.C. § 2255 ¶ 6. Because “it plainly appears from the face of the motion . . . and the prior proceedings in the case that the  movant is not entitled to relief,” the motion is subject to summary dismissal. See Rule 4(b), Rules Governing Section § 2255 Proceedings for the United States District Courts (2005).

It is therefore ORDERED AND ADJUDGED that:

1. Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (CV Dkt. #1) is DENIED.

2. The Clerk is to enter judgment for Respondent, United States of America, and close this case.

3. The Clerk is directed to terminate from pending status the motion to vacate found at Dkt.#46, in the underlying criminal case, case number 8:03-cr-163-T-30TBM.

DONE and ORDERED.

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