Opinion
No. 14-cv-0957 RB/SMV No. 12-cr-2903 RB
05-29-2015
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. CHRISTOPHER A. APALATEGUI, Defendant/Petitioner.
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. 11; CR Doc. 55] ("PF&RD"), issued on May 4, 2015. On reference by the undersigned, the Honorable Stephan M. Vidmar, United States Magistrate Judge, reviewed Defendant/Petitioner Christopher A. Apalategui's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence . . . [CV Doc. 1, CR Doc. 44] ("§ 2255 Motion"). PF&RD [CV Doc. 11; CR Doc. 55]. Judge Vidmar found Petitioner's claims were without merit. See generally id. at 3-16 (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 16. No party has filed objections to the PF&RD, and the time for objecting has passed.
References that begin with "CV" are to case number 14-cv-0957 RB/SMV. References that begin with "CR" are to the underlying criminal case, 12-cr-2903 RB. --------
IT IS THEREFORE ORDERED, ADJDUGED, AND DECREED that the Magistrate Judge's Proposed Findings and Recommended Disposition [CV Doc. 11; CR Doc. 55] are ADOPTED.
IT IS FURTHER ORDERED that Defendant/Petitioner Christopher A. Apalategui's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence . . . [CV Doc. 1, CR Doc. 44] is DENIED, and the case DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
/s/ _________
ROBERT C. BRACK
United States District Judge