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United States v. Hernandez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 6, 2009

UNITED STATES OF AMERICA, RESPONDENT,
v.
LINO HERNANDEZ, MOVANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Movant, a federal prisoner proceeding pro se, brings this motion to correct or set aside a criminal judgment pursuant to 28 U.S.C. § 2255 (Doc. 343). The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.

On January 29, 2009, the Magistrate Judge filed findings and recommendations herein which were served on the parties and which contained notice that the parties may file objections within a specified time. No objections to the findings and recommendations have been filed.*fn1

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 January 29, 2009, are adopted in full;

2. Movant's motion pursuant to 28 U.S.C. § 2255 (Doc. 343) is denied; and

3. The Clerk of the Court is directed to close companion civil case no. CIV S-08-0789-MCE-CMK.


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