Filed: Jul. 03, 2014
Latest Update: Jul. 03, 2014
Summary: ORDER LAWRENCE K. KARLTON, 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 April 2, 2014, 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
Summary: ORDER LAWRENCE K. KARLTON, 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 April 2, 2014, 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 ..
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ORDER
LAWRENCE K. KARLTON, 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 April 2, 2014, 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 fourteen 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 files, the court finds the findings and recommendations to be supported by the record and by proper analysis.1
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed April 2, 2014, are adopted in full;
2. Movant's first amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 in case number 2:06-cr-00312 LKK KJN (ECF No. 189) is denied and the Clerk is directed to close the companion civil file, No. 2:12-cv-02858 LKK;
3. Movant's first amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 in case number 2:08-cr-00107 LKK KJN (ECF No. 135) is denied and the Clerk is directed to close the companion civil file, No. 2:12-cv-02859 LKK KJN; and
4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
