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United States v. Villalba

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Jul 21, 2014
Case No. 3:08-cr-126 (S.D. Ohio Jul. 21, 2014)

Opinion

Case No. 3:08-cr-126 Also 3:13-cv-009

07-21-2014

UNITED STATES OF AMERICA, Plaintiff, v. JOSE JESUS VILLALBA, Defendant.


District Judge Walter Herbert Rice

Magistrate Judge Michael R. Merz


ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Second Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. No. 111), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired on May 30, 2014, hereby ADOPTS said Report and Recommendations.

It is therefore ORDERED that sub-claims 3 and 7 of Defendant's Motion to Vacate under 28 U.S.C. § 2255 be dismissed with prejudice. In accordance with the Court's prior Decision and Entry Adopting in Part and Rejecting in Part the Magistrate Judge's recommendations as to sub-claims 1, 2, 4, 5, 6, and 8, the whole Motion to Vacate is dismissed with prejudice. The Court finds that reasonable jurists would not disagree with this conclusion and denied Defendant a certificate of appealability. The Court further certifies to the Court of Appeals for the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis.

__________

Walter Herbert Rice

United States District Judge


Summaries of

United States v. Villalba

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Jul 21, 2014
Case No. 3:08-cr-126 (S.D. Ohio Jul. 21, 2014)
Case details for

United States v. Villalba

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. JOSE JESUS VILLALBA, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Jul 21, 2014

Citations

Case No. 3:08-cr-126 (S.D. Ohio Jul. 21, 2014)