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United States v. Cheng

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


September 29, 2010

UNITED STATES OF AMERICA, RESPONDENT,
v.
CARL CHENG MOVANT.

The opinion of the court was delivered by: John A. Mendez United States District Judge

ORDER

Movant, a federal prisoner proceeding pro se, 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 August 31, 2010, the magistrate judge filed findings and recommendations herein which were served on all parties*fn1 and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty-one days. Neither party has filed objections to the findings and recommendations.

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 August 31, 2010, are adopted in full;

2. This action is dismissed for movant's failure to keep the court apprised of his current address. See Local Rules 182(f) and 110.

3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.

4. The Clerk of the Court is directed to close the companion civil case, No. CIV. S-07-1698 JAM KJM P.


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