United States v. Ballard

Full title: UNITED STATES OF AMERICA, Respondent, v. JOHN BALLARD, Movant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Nov 6, 2013

2:06-cr-0283 JAM KJN P (E.D. Cal. Nov. 6, 2013)

Opinion

UNITED STATES OF AMERICA, Respondent, v. JOHN BALLARD, Movant. No. 2:06-cr-0283 JAM KJN P United States District Court, E.D. California. November 6, 2013

          ORDER

          JOHN A. MENDEZ, 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 June 18, 2013, 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. Respondent United States of America filed a response to Movant's 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 June 18, 2013, are adopted in full;

         2. Movant's September 4, 2012 motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255 (ECF No. 167), is denied;

         3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and

         4. The Clerk of the Court is directed to close the companion civil case, No. 2:13-cv-1336 JAM KJN.