Opinion
No. CIV 08-575 JC/LAM, CR 07-169 JC.
May 6, 2009
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on Magistrate Judge Lourdes A. Martínez' Proposed Findings and Recommended Disposition ( Doc. 12), filed on March 20, 2009. No party has filed objections to the proposed findings and recommended disposition and the deadline for filing objections has passed. The Court has determined that it will adopt the Proposed Findings and Recommended Disposition ( Doc. 12), deny Mr. Garcia's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Docs. 1 and 4) without an evidentiary hearing, and dismiss this case with prejudice.
IT IS THEREFORE ORDERED that the Proposed Findings and Recommended Disposition ( Doc. 12) are ADOPTED by the Court.
IT IS FURTHER ORDERED that Mr. Garcia's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Docs. 1 and 4) is DENIED. IT IS FURTHER ORDERED that this case be DISMISSED WITH PREJUDICE and that a final judgment be entered concurrently with this order.
IT IS SO ORDERED.