United States v. Najera-Gordillo

Full title: UNITED STATES OF AMERICA, Respondent, v. FRANCISCO MIGUEL ANGEL…

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

Date published: Jan 27, 2015

2:05-cr-0383 MCE DAD P (E.D. Cal. Jan. 27, 2015)

Opinion

UNITED STATES OF AMERICA, Respondent, v. FRANCISCO MIGUEL ANGEL NAJERA-GORDILLO, Movant. No. 2:05-cr-0383 MCE DAD P United States District Court, Eastern District of California January 27, 2015

          ORDER

          MORRISON C. ENGLAND, JR., CHIEF 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 November 18, 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 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 November 18, 2014 (ECF No. 257), are ADOPTED in full;

         2. Movant’s motion brought pursuant to 28 U.S.C. § 2255 (ECF No. 236) 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-1155 MCE DAD P.

         IT IS SO ORDERED.