Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: ORDER OF DISMISSAL ROBERT W. SCHROEDER, III , District Judge . Movant Pedro Tavira Espinoza, proceeding pro se, brought this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 (Docket No. 1). The Court referred this matter to the Honorable Kimberly C. Priest Johnson, United States Magistrate Judge, for consideration pursuant to 28 U.S.C. 636(b)(1) and (3). The Magistrate Judge submitted a Report and Recommendation ("Report," Docket No. 9), and no objections ha
Summary: ORDER OF DISMISSAL ROBERT W. SCHROEDER, III , District Judge . Movant Pedro Tavira Espinoza, proceeding pro se, brought this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 (Docket No. 1). The Court referred this matter to the Honorable Kimberly C. Priest Johnson, United States Magistrate Judge, for consideration pursuant to 28 U.S.C. 636(b)(1) and (3). The Magistrate Judge submitted a Report and Recommendation ("Report," Docket No. 9), and no objections hav..
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ORDER OF DISMISSAL
ROBERT W. SCHROEDER, III, District Judge.
Movant Pedro Tavira Espinoza, proceeding pro se, brought this motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (Docket No. 1). The Court referred this matter to the Honorable Kimberly C. Priest Johnson, United States Magistrate Judge, for consideration pursuant to 28 U.S.C. § 636(b)(1) and (3). The Magistrate Judge submitted a Report and Recommendation ("Report," Docket No. 9), and no objections have been filed.
The Court has received and considered the Report, along with the record, pleadings and all available evidence. The Court agrees with the Magistrate Judge and ADOPTS the Report as the opinion of the Court. It is therefore
ORDERED that the above styled motion to vacate, set aside, or correct sentence is DENIED, and the case is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. It is further
ORDERED all motions by either party not previously ruled on are hereby DENIED.
