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United States of America v. Sergio Curiel

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


August 25, 2011

UNITED STATES OF AMERICA, RESPONDENT,
v.
SERGIO CURIEL, SR., MOVANT.

ORDER

Movant, a federal prisoner proceeding pro se, 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 Rule 302.

On August 5, 2011, 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 fourteen 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 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 August 5, 2011, are adopted in full;

2. Movant's August 25, 2008 amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is denied;

3. Movant's July 25, 2011 motion for summary judgment is denied;

4. The district court declines to issue a certificate of appealability; and

5. The Clerk of the Court is directed to close the companion civil case, No. 2:08-cv-0859 LKK JFM

20110825

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