Opinion
Case No.: 3:09cr6/MCR Case No.: 3:12cv538/MCR/EMT
03-04-2013
UNITED STATES OF AMERICA v. ADAN JUAREZ
ORDER
This cause comes on for consideration upon the magistrate judge's Amended Report and Recommendation dated January 31, 2013. (Doc. 208). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Amended Report and Recommendation is adopted and incorporated by reference in this order.
2. The motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 202) is summarily DISMISSED as untimely.
3. A certificate of appealability is DENIED.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE