-CMK (HC) Fernandez-Ramos v. USA (2255-(06cr0488 JAM CMK)), No. 2:2008cv00200 - Document 1 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge John A. Mendez on 9/28/11 ORDERING that the findings and recommendations filed June 23, 2011, are adopted in full; Respondent's motion to dismiss (Doc. 31 in the criminal docket) is granted; Movant's motion pursuant to 28 U.S.C. § 2255 (Doc. 21 in the criminal docket) is dismissed; the court declines to issue a certificate of appealability; and the Clerk of the Court is directed to close companion civil case no. CIVS-08-0200-JAM. CASE CLOSED. (Becknal, R)

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-CMK (HC) Fernandez-Ramos v. USA (2255-(06cr0488 JAM CMK)) Doc. 1 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Respondent, 13 14 No. CR S-06-0488-JAM-CMK CIV S-08-0200-JAM-CMK vs. ORDER RUBEN FERNANDEZ-RAMOS, 15 Movant. 16 / 17 Movant, a federal prisoner proceeding pro se, brings this motion to correct or set 18 aside a criminal judgment pursuant to 28 U.S.C. § 2255. The matter was referred to a United 19 States Magistrate Judge pursuant to Eastern District of California local rules. 20 On June 23, 2011, the magistrate judge filed findings and recommendations 21 herein which were served on the parties and which contained notice that the parties may file 22 objections within a specified time. No objections to the findings and recommendations have 23 been filed. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge's analysis. 26 /// 1 Dockets.Justia.com 1 Before a movant can appeal a decision from this court, a certificate of 2 appealability must issue under 28 U.S.C. § 2253(c). See Fed. R. App. P. 22(b); see also 28 3 U.S.C. § 2255. A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the 4 applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. 5 § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues 6 satisfy the required showing or must state the reasons why such a certificate should not issue. 7 See Fed. R. App. P. 22(b). For the reasons set forth in the magistrate judge’s findings and 8 recommendations, movant has not made a substantial showing of the denial of a constitutional 9 right 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The findings and recommendations filed June 23, 2011, are adopted in 2. Respondent’s motion to dismiss (Doc. 31 in the criminal docket) is 3. Movant’s motion pursuant to 28 U.S.C. § 2255 (Doc. 21 in the criminal 12 full; 13 14 15 16 granted; docket) is dismissed; 17 4. The court declines to issue a certificate of appealability; and 18 5. The Clerk of the Court is directed to close companion civil case no. CIV 19 S-08-0200-JAM. 20 DATED: September 28, 2011 21 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 22 23 24 25 26 2

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