Opinion
No. 12-cv-1047 WJ/SMV No. 10-cr-3354 WJ
07-10-2013
LUIS ALBERTO NUÑEZ, Movant/Defendant, v. UNITED STATES OF AMERICA, Respondent/Plaintiff.
ORDER ADOPTING MAGISTRATE JUDGE'S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [CV Doc. 7; CR Doc. 203 ] ("PF&RD"), issued on June 11, 2013. Upon reference by the undersigned, the Honorable Stephan M. Vidmar, United States Magistrate Judge, identified six claims in Movant/Defendant (hereinafter "Defendant") Luis Alberto Nuñez's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody [CV Doc. 1; CR Doc. 194] ("§ 2255 Motion"). PF&RD [CV Doc. 7; CR Doc. 203] at 11. Judge Vidmar found that Defendant waived his right to bring Claims 1-4 pursuant to his plea agreement. Id. at 16. Notwithstanding Defendant's waiver of Claims 1-4, Judge Vidmar found further that all six claims were without merit. See generally id. at 16-24 (addressing the merits of all claims). Accordingly, Judge Vidmar recommended that the Court deny the claims raised in the § 2255 Motion and dismiss the case with prejudice. Id. at 24. No party has filed objections to the PF&RD, and the time for objecting has passed.
References to the record in case number 12-cv-1047 are "CV Doc. #," and references to the record in case number 10-cr-3354 are "CR Doc. #."
IT IS THEREFORE ORDERED, ADJDUGED, AND DECREED that the Magistrate Judge's Proposed Findings and Recommended Disposition [CV Doc. 7; CR Doc. 203] are ADOPTED
IT IS FURTHER ORDERED that the Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody [CV Doc. 1; CR Doc. 194] is DENIED and the case DISMISSED WITH PREJUDICE
IT IS SO ORDERED.
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WILLIAM P. JOHNSON
United States District Judge