Opinion
Case Number: 14-62579-CIV-MORENO
09-08-2015
GARY BAPTISTE, Movant, v. UNITED STATES OF AMERICA, Respondent.
Counsel of Record Gary Baptiste, pro se Reg. No. 91358-004 U.S.P.-Atwater Post Office Box 019001 Atwater, California 95301
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION AND DENYING THE MOTION TO VACATE SENTENCE
THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge for a Report and Recommendation on the Motion to Vacate Sentence (D.E. No. 1), filed on November 12 , 2014 . The Magistrate Judge filed a Report and Recommendation (D.E. No. 28) on July 27 , 2015 . The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that are presented in the Movant's objections to the Report and Recommendation. Being otherwise fully advised in the premises, it is
ADJUDGED that United States Magistrate Judge Patrick A. White's Report and Recommendation (D.E. No. 28) on July 27 , 2015 is AFFIRMED and ADOPTED. Accordingly, it is
ADJUDGED that the motion to vacate the sentence is DENIED as time-barred. It is also
ADJUDGED no certificate of appealability shall issue because movant has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). It is also
ADJUDGED that this case is closed and all other pending motions are DENIED as moot.
DONE AND ORDERED in Chambers at Miami, Florida, this 8th day of September, 2015.
/s/_________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies provided to:
United States Magistrate Judge Patrick A. White
Counsel of Record Gary Baptiste, pro se
Reg. No. 91358-004
U.S.P.-Atwater
Post Office Box 019001
Atwater, California 95301