Opinion
Case Number: 16-23782-CIV-MORENO 13-20618-CR-MORENO
09-27-2017
JOHN ELKIN MARIN GUTIERREZ, Movant, v. UNITED STATES OF AMERICA, Respondent.
Counsel of Record John Elkin Marin Gutierrez, Pro Se 08923-104 D. Ray James Correctional Institution Inmate Mail/Parcels P.O. Box 2000 Folkston, GA 31537
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING MOVANT'S MOTION TO VACATE
THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Movant's Motion to Vacate pursuant to 28 U.S.C. § 2255, filed on September 2 , 2016 . The Magistrate Judge filed a Report and Recommendation (D.E. 9) on August 24 , 2017 . No objections to the Report and Recommendation were filed. The Court has reviewed the entire file and record, and being otherwise fully advised in the premises, it is
ADJUDGED that Magistrate Judge White's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is
ADJUDGED that Movant's Motion to Vacate pursuant to 28 U.S.C. § 2255 is DENIED. It is further
ADJUDGED that no certificate of appealability issue.
DONE AND ORDERED in Chambers at Miami, Florida, this 27th of September 2017.
/s/_________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE Copies furnished to: United States Magistrate Judge Patrick A. White Counsel of Record John Elkin Marin Gutierrez, Pro Se
08923-104
D. Ray James Correctional Institution
Inmate Mail/Parcels
P.O. Box 2000
Folkston, GA 31537