U.S. v. Cancio

Full title: UNITED STATES OF AMERICA, Respondent, v. RAUL COMETA CANCIO, Movant

Court: United States District Court, E.D. California

Date published: Aug 23, 2006

No. CR S-01-0528 FCD JFM P (E.D. Cal. Aug. 23, 2006)

Opinion

No. CR S-01-0528 FCD JFM P.

August 23, 2006

ORDER

FRANK DAMRELL JR., District Judge

Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On July 26, 2006, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed July 26, 2006, are adopted in full;

2. Movant's § 2255 motion is dismissed, see Fed.R.Civ.P. 41(b); Rule 12, 28 U.S.C. foll. § 2255; Local Rule 11-110; and

3. The Clerk of the Court is directed to close the companion civil case, No. CIV. S-03-2284 FCD JFM P.