United States District Court, E.D. California
June 25, 2014
UNITED STATES OF AMERICA, Respondent,
JOSE LUIS CHAVEZ, Movant.
MORRISON C. ENGLAND, Jr., Chief District Judge.
Movant is a federal prisoner proceeding pro se with a motion to vacate, set aside, or correct his sentence under 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 May 22, 2014, 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-one days. Petitioner 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 May 22, 2014, are adopted in full;
2. Respondent's motion to dismiss (ECF No. 21) is granted;
3. Movant's motion pursuant to 28 U.S.C. § 2255 (ECF No. 12) is denied; and,
4. The companion civil case of 2:13-cv-00825-MCE-AC-P shall be closed by the clerk of court.