Gonzalez-Maldonado v. United States

Opinion

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

GAMALIER GONZÁLEZ- MALDONADO, Petitioner, Civil No. 22-1335 (ADC) v. [Related to Crim. No. 14-756-08 (ADC)]

UNITED STATES OF AMERICA, Respondent.

MEMORANDUM AND ORDER Absent objections, upon review of the Magistrate Judge’s well-reasoned Report and Recommendation at ECF No. 19 (“R&R”), and upon consideration of all pleadings on record, the R&R is hereby fully ADOPTED as it pertains to the factual and legal determinations. See M. v. Falmouth School Department, 847 F.3d 19, 25 (1st Cir. 2017) (“Absent objection ... a district court has a right to assume that the affected party agrees to the magistrate's recommendation.”) (cleaned up); see also Roy v. Hanks, No. 22-1302, 2023 WL 3166353, at *1 (1st Cir. Mar. 6, 2023) (“Only those issues fairly raised by… objections to the magistrate's report are subject to review in the district court….”) (quoting Falmouth); United States v. Maldonado-Pena, 4 F.4th 1, 20 (1st Cir. 2021) (“[W]hen, as here, a party fails to file an objection to an R&R, the party has waived any [appellate] review of the district court's decision.”) (citing United States v. Díaz-Rosado, 857 F.3d 89, 94 (1st Cir. 2017)). Accordingly, having performed a review of the whole record, the Court hereby DENIES petitioner Gamalier González-Maldonado’s motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 at ECF No. 1, as per the Magistrate Judge’s recommendation. The Clerk of Court shall enter Judgment accordingly.

SO ORDERED. At San Juan, Puerto Rico, on this 8th day of July 2025. S/AIDA M. DELGADO-COLÓN United States District Judge