Opinion
CASE NO. 09-21824-CIV-HUCK/O'SULLIVAN.
December 7, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court upon Gutierrez's Motion to Vacate Sentence (D.E. #1), filed June 30, 2009. On November 13, 2009, the Honorable Patrick A. White, United States Magistrate Judge, issued a Report and Recommendation (D.E. #12), recommending that the Motion be denied. Gutierrez has not objected to the Report and Recommendation and therefore is not challenging the factual findings contained in it. The Court has independently reviewed the Report and Recommendation, and the record. Being otherwise duly advised, the Court adopts the findings of fact and conclusions as in the Report. Accordingly, it is hereby
ORDERED that Petitioner's Motion is denied, the Report is adopted and the clerk shall close the case.
DONE AND ORDERED in Chambers, Miami, Florida.