Scott v. USA, No. 2:2016cv01396 - Document 1 (E.D. Cal. 2017)

Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by District Judge Morrison C. England, Jr on 12/4/2017 as to Elmar Scott ADOPTING in FULL 91 Findings and Recommendations; DENYING 82 Motion to Vacate - 2255; The Court declines to issue the cer tificate of appealability; The Clerk of the Court is directed to close the companion civil case, No. 2:16-cv-1396 MCE CKD. CASE CLOSED (Washington, S)
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Scott v. USA Doc. 1 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 No. 2:96-cr-0254 MCE CKD P Respondent, 13 v. 14 ELMAR SCOTT, 15 ORDER Movant. 16 Movant, a federal prisoner proceeding with counsel, has filed a motion to vacate, set 17 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 Rule 302. On September 26, 2017, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Movant has filed 23 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 24 25 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 Court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 26, 2017, (ECF No. 91) are 3 4 5 6 7 8 9 10 11 ADOPTED in full; 2. Movant’s June 21, 2016 motion for habeas corpus relief under 28 U.S.C. § 2255 (ECF No. 82) 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-1396 MCE CKD. IT IS SO ORDERED. Dated: December 4, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2