(HC) Badie v. USA (2255-2:08-cr-0474 WBS-3), No. 2:2016cv00105 - Document 2 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 3/1/2019 as to Behrooz Badie ADOPTING in FULL 386 Findings and Recommendations, DENYING 343 Motion to Vacate - 2255; The court DECLINES to issue the certificate of appealability; The Clerk of the Court is directed to close the companion civil case, No. 2:16-cv-0105 WBS KJN, and to enter judgment. (Washington, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Nos. 2:08-cr-0474 WBS KJN P 2:16-cv-0105 WBS KJN UNITED STATES OF AMERICA, Respondent, v. ORDER BEHROOZ BADIE, Movant. 16 17 18 Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside or 19 correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On January 22, 2019, the magistrate judge filed findings and recommendations herein 22 which were served on movant and which contained notice to movant that any objections to the 23 findings and recommendations were to be filed within fourteen days. Movant has not filed 24 objections to the findings and recommendations. 25 Although it appears from the file that movant’s copy of the findings and recommendations 26 was returned, movant was properly served. It is the movant’s responsibility to keep the court 27 apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents 28 1 1 2 at the record address of the party is fully effective. The court has reviewed the file and finds the findings and recommendations to be 3 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 4 ORDERED that: 5 1. The findings and recommendations filed January 22, 2019, are adopted in full; 6 2. Movant’s January 15, 2016 motion to vacate, set aside, or correct his sentence pursuant 7 8 9 10 to 28 U.S.C. § 2255 is denied; 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253; and 4. The Clerk of the Court is directed to close the companion civil case, No. 2:16-cv- 11 0105 WBS KJN, and to enter judgment. 12 Dated: March 1, 2019 13 14 15 /badi0474.802 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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