U.S. v. Martinez

Full title: UNITED STATES OF AMERICA, Plaintiff/Respondent, v. TERESA GARCIA MARTINEZ…

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

Date published: Oct 20, 2008

No. CV-F-05-424 OWW, (No. CR-F-03-5459 OWW) (E.D. Cal. Oct. 20, 2008)

Opinion

No. CV-F-05-424 OWW, (No. CR-F-03-5459 OWW).

October 20, 2008

ORDER GRANTING PETITIONER TERESA GARCIA MARTINEZ'S EX PARTE APPLICATION FOR ORDER DISMISSING MOTION PURSUANT TO 28 U.S.C. § 2255, DISMISSING PETITIONER'S SECTION 2255 MOTION, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT FOR RESPONDENT

OLIVER WANGER, District Judge

On March 31, 2005, Petitioner Teresa Garcia Martinez filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255.

On October 7, 2008, Petitioner filed an ex parte application for an order dismissing the Section 2255 motion for the reasons stated in the application and Petitioner's supporting declaration.

For good cause shown:

1. Petitioner's ex parte application to dismiss the Section 2255 motion is GRANTED;

2. Petitioner's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is DISMISSED;

3. The Clerk of the Court is directed to enter JUDGMENT FOR RESPONDENT.

IT IS SO ORDERED.