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U.S. v. SOLIS-SANCHEZ, 2:12-cr-0079 MCE AC P. (2017)

Court: District Court, E.D. California Number: infdco20170620865 Visitors: 3
Filed: Jun. 16, 2017
Latest Update: Jun. 16, 2017
Summary: ORDER MORRISON C. ENGLAND, Jr. , District Judge . Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 302. On March 29, 2017, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the f
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ORDER

Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On March 29, 2017, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty-one days. Movant has filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed March 29, 2017, (ECF No. 111) are ADOPTED in full;

2. Respondent's motion to dismiss (ECF No. 106) is GRANTED;

3. Movant's motion pursuant to 28 U.S.C. § 2255 is DISMISSED with prejudice as time-barred and for failure to state a cognizable claim;

4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and 5. The Clerk of the Court is directed to close the companion civil case, No. 2:16-cv-1877 MCE AC P.

IT IS SO ORDERED.

Source:  Leagle

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