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United States v. Berrera-Medina

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


March 19, 2010

UNITED STATES OF AMERICA, RESPONDENT,
v.
ELIAS MIGUEL BERRERA-MEDINA, 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. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.

On February 12, 2010, 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. Timely objections to the findings and recommendations have been filed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), 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 February 12, 2010, are adopted in full;

2. Respondent's motion to dismiss (Doc. 392 in the criminal docket) is granted;

3. Movant's motion pursuant to 28 U.S.C. § 2255 (Doc. 386 in the criminal docket) is dismissed; and

4. The Clerk of the Court is directed to close companion civil case no. CIV S-09-2298-MCE-CMK.

20100319

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