Suarez v. United States

Background

Yesid Rios Suarez, representing himself, filed a motion under 28 U.S.C. § 2255 asking the court to vacate, set aside, or correct his sentence. The court had previously denied that motion, but the U.S. Court of Appeals for the Second Circuit later vacated that decision to the extent it denied Suarez’s claim that his lawyer had provided ineffective assistance without first obtaining a response from the government and statements from his lawyers. The Second Circuit sent that portion of the matter back for further consideration.

Suarez later filed a motion challenging the district court’s subject-matter jurisdiction, meaning its legal authority to hear the case. Judge Broderick referred the action to Magistrate Judge Stewart D. Aaron, who issued a report and recommendation advising that Suarez’s motions be denied.

Review of the Recommendation

The report gave the parties fourteen days to submit objections. Suarez requested more time, and the court extended his deadline to July 29, 2019. He did not file objections or request another extension. Because there were no objections, Judge Broderick reviewed the report for clear error on the face of the record. The court found no clear error.

Ruling

Judge Broderick adopted Magistrate Judge Aaron’s report and recommendation in its entirety and denied Suarez’s motions. The court also ruled that no certificate of appealability would issue because Suarez had not made a substantial showing that a constitutional right had been denied. It certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, directed the clerk to terminate all pending motions and close the case, and directed that a copy of the order be mailed to Suarez.