United States v. Lopez-Cuevas

Full title: UNITED STATES OF AMERICA, Respondent, v. FERNANDO LOPEZ-CUEVAS, Movant.

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

Date published: Jul 5, 2013

2:02-cr-0418 GEB KJN P (E.D. Cal. Jul. 5, 2013)

Opinion

UNITED STATES OF AMERICA, Respondent, v. FERNANDO LOPEZ-CUEVAS, Movant. No. 2:02-cr-0418 GEB KJN P United States District Court, E.D. California. July 5, 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 May 6, 2013, the magistrate judge filed findings and recommendations herein which were served on movant and which contained notice to movant 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 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 May 6, 2013, are adopted in full;

         2. Movant's second motion (ECF No. 225), filed pursuant to 28 U.S.C. § 2255, is denied without prejudice for lack of jurisdiction;

         3. The Clerk of the Court is directed to close the companion civil case, No. 2:13-cv-1214 GEB KJN; and

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