Hernandez v. GuerreroHernandez v. Guerrero
Before the Court are Petitioner’s “Complaint for a Civil Case” (Dkt. No. 1) (“Petition”), Petitioner’s “Motion to Vacate Plea of Guilt” (Dkt. No. 2) (“Motion”), and the Magistrate Judge’s “Report and Recommendation Denying Petition” (Dkt. No. 27) (“R&R”).
The R&R recommends this Court (1) deny the Petition (Dkt. No. 1) without prejudice; (2) deny Petitioner’s Motion (Dkt. No. 2); and (3) decline to issue a certificate of appealability. Dkt. No. 27 at 5.
The R&R was published July 16, 2026. Dkt. No. 27. Service on Petitioner was docketed July 20, 2026, see Dkt. No. 29, and objections to the R&R were due August 3, 2026. No objections have been filed. The Court thus reviews the R&R’s conclusions for plain error. See Guillory v. PPG Indus., 434 F.3d 303, 308 (5th Cir. 2005).
Finding no clear error, abuse of discretion, or finding contrary to law, the Court ADOPTS the R&R (Dkt. No. 27). The Petition (Dkt. No. 1) is DENIED without prejudice. The Court further DENIES Petitioner’s Motion (Dkt. No. 2) and DECLINES to issue a certificate of appealability. The Clerk of the Court is hereby ORDERED to close this case.
Rolando Olvera
United States District Judge