U.S. v. Montalvo

Full title: UNITED STATES OF AMERICA, Respondent, v. MICHAEL L. MONTALVO, Movant

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

Date published: May 30, 2007

No. CR S-89-0062 WBS GGH P (E.D. Cal. May. 30, 2007)

Opinion

No. CR S-89-0062 WBS GGH P.

May 30, 2007

ORDER

WILLIAM SHUBB, District Judge

Movant, a federal prisoner proceeding with counsel, 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 March 23, 2007, 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. Movant has filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed March 23, 2007, are adopted in full; and

2. Montalvo's second § 2255 motion, brought in the guise of a Fed.R.Civ.P. 60(b) motion, is dismissed for lack of jurisdiction.