Brenda Banessa Leal v. United States of America

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT October 21, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION BRENDA BANESSA LEAL, § _ “Petitioner,” § . § v. § § Civil Action No. 1:25-cv-00019 UNITED STATES OF AMERICA, § “Respondent.” § § . ORDER Before the Court is Petitioner’s “Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody” (Dkt. No. 1) (“Motion”) and the Magistrate Judge’s “Report and Recommendations” (Dkt. No. 53) (“R&R”). The R&R recommends 1) that the Court grant Petitioner an out-of-time appeal in her underlying criminal case on a finding of ineffective assistance of counsel and 2) that the Court dismiss Petitioner’s remaining claims without prejudice. Dkt. No. 53. The R&R was published September 12, 2025. Dkt. No. 53. After the Court granted an extension, Dkt. No. 55, objections to the R&R were due October 10, 2025. No objections were filed. The Court thus reviews the R&R’s conclusions for plain error. See Guillory v. PPG Indus., 434 F.3d 303, 308 (Sth Cir. 2005). Finding no clear error, abuse of discretion, or finding contrary to law, the Court ADOPTS the R&R (Dkt. No. 53). To apply the R&R’s conclusions in alignment with United States v. West, 240 F.3d 456 (Sth Cir. 2001), it is hereby ORDERED: 1) Petitioner is GRANTED an out-of-time appeal in United States of America v. Brenda Banessa Leal, No. 1:21-cr-00596-6 (S.D. Tex.). 2) The final judgment in United States of America v. Brenda Banessa Leal, No. 1:21-cr- 00596-6 (S.D. Tex.) is REINSTATED. 3) Petitioner’s Motion (Dkt. No. 1) is DISMISSED without prejudice.

The Clerk of the Court is hereby ORDERED to close this case and to re-enter the judgment in the underlying criminal case as a new docket entry.

Signed on this 21% day of October 2025.

Lf. Rolaxdo Olvera United States District Jud.