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17-047 - Martinez v. USA

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17-047 - Martinez v. USA
December 5, 2017
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REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 5:13-CR-1101 (Defendant No. 01) Objections to R&R due by 12/19/2017(Signed by Magistrate Judge Diana Song Quiroga) Parties notified.(mmarquez, 5)
January 4, 2018
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en in forma pauperis. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(ehernandez, 5) (Main Document 5 replaced on 1/4/2018) (ehernandez, 5).ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 3 Report and Recommendations. Having found no plain error in the proposed findings and recommendations, the Court hereby ADOPTS the Report and Recommendations as the findings of the Court. Accordingly, Petitioner's 2255 Motion (DKT. No. 1; Cr. DKT. No. 232) is DENIED, and this civil action is DISMISSED WITH PREJUDICE. Should Petitioner seek a certificate of appelability, it is DENIED, and the Court certifies that any appeal should not be tak