Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA CHRISTIAN HERNANDEZ MORENO, )
)
Petitioner, )
) 1:19CV333 v. ) 1:17CR202-1 )
UNITED STATES OF AMERICA, )
)
Respondent. )
ORDER
This matter is before this court for review of the Recommendation, (Doc. 56), filed on February 1, 2022 by the Magistrate Judge in accordance with 28 U.S.C. § 636(b ). In the Recommendation, the Magistrate Judge recommends that Petitioner’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, (Doc. 46), be denied without issuance of certificate of appealability, except for the failure-to-appeal claim in Ground One, which the Court should grant by vacating and then re-entering Petitioner’s Judgment to give him another opportunity to pursue a timely appeal with the assistance of new appointed counsel.
The Recommendation and notice were served on the parties on February 1, 2022 in accordance with 28 U.S.C. § 636(b). (Docs. 56, 57.) No objections were filed within the time limits
Case 1:17-cr-00202-WO Document 59 Filed 03/16/22 Page 1 of 2 *2 prescribed by Section 636. Petitioner filed a letter noting that he has no objections. (Doc. 58.) Therefore, the court need not make a de novo review and the Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge’s Recommendation, (Doc. 56), is ADOPTED. IT IS FURTHER ORDERED that Petitioner’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, (Doc. 46), is DENIED without issuance of certificate of appealability, except for the failure-to-appeal claim in Ground One, which is GRANTED as set out in the Recommendation, and that the Judgment of the court entered on April 23, 2018, (Doc. 32), is VACATED. A new judgment will be RE-ENTERED to allow Petitioner an opportunity to consult with counsel and pursue a timely appeal if he wishes to do so.
IT IS FURTHER ORDERED that new counsel be appointed to represent Petitioner for purposes of filing a timely appeal.
This the 16th day of March, 2022. __________________________________ United States District Judge - 2 -
Case 1:17-cr-00202-WO Document 59 Filed 03/16/22 Page 2 of 2