(HC) King v. USA (2255-2:03-cr-0215-WBS-KJM-3), No. 2:2008cv00235 - Document 6 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 329 FINDINGS and RECOMMENDATIONS in 03cr0215 WBS KJM in full signed by Judge Garland E. Burrell, Jr. on 10/27/09 and ORDERING that dft King's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 is DENIED; Clerk to close the companion civil case 08cv0235 GEB. CASE CLOSED. (Benson, A.)

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(HC) King v. USA (2255-2:03-cr-0215-WBS-KJM-3) Doc. 6 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, Respondent, 12 13 14 15 vs. DAVID RAPHAEL KING, Movant. ORDER / 16 17 2:03-cr-0215-WBS-KJM-P Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set 18 aside or correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 20 On May 12, 2009, the magistrate judge filed findings and recommendations herein 21 which were served on movant and which contained notice to movant that he could file 22 objections. The time for filing objections has passed and movant has not filed objections to the 23 findings and recommendations. 24 25 The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the analysis. Accordingly, IT IS HEREBY ORDERED that: 26 1 Dockets.Justia.com 1 1. The findings and recommendations filed May 12, 2009, are adopted in full; 2 2. Movant’s 28 U.S.C. § 2255 (#309) motion is denied; and 3 3. The Clerk of the Court is directed to close the companion civil case 4 CIV S-08-0235 GEB (HC). 5 Dated: October 27, 2009 6 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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