United States v. Chavez

Full title: UNITED STATES OF AMERICA, Respondent, v. LUIS FABIAN CHAVEZ, Movant.

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

Date published: Oct 15, 2013

2:09-cr-0540 GEB DAD P (E.D. Cal. Oct. 15, 2013)

Opinion

UNITED STATES OF AMERICA, Respondent, v. LUIS FABIAN CHAVEZ, Movant. No. 2:09-cr-0540 GEB DAD P United States District Court, E.D. California. October 15, 2013

          ORDER

          GARLAND E. BURRELL, Jr., Senior 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 September 5, 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. Neither party has filed objections to the findings and recommendations.

         The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY

         ORDERED that:

         1. The findings and recommendations filed September 5, 2013, are adopted in full;

         2. Movant's motion to vacate, set aside, or correct his sentence is denied;

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

         x. The Clerk of the Court is directed to close the companion civil case, No. 2: 11-cv-3315 GEB DAD P.