(HC)Ortiz-Salas v. USA 2:15-CR-26 GEB KJN, No. 2:2016cv02165 - Document 1 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Garland E. Burrell, Jr on 6/14/2018 ADOPTING in FULL 60 Findings and Recommendations DENYING 52, 54 Motions to reduce sentence under 18 U.S.C. 67; 3582; and The Clerk of the Court is directed to close the companion civil case 2:16-cv-2165 GEB KJN. CASE CLOSED (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 UNITED STATES OF AMERICA, 12 Respondent, 13 14 No. 2:15-cr-0026 GEB KJN P v. ORDER ALEJANDRO ORTIZ-SALAS, 15 Movant. 16 17 Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside or 18 correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 27, 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. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed September 27, 2017, are adopted in full; 27 28 //// 1 1 2 2. Movant’s motions to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 (ECF No. 52, 54) are construed as motions to reduce sentence under 18 U.S.C. § 3582; 3 3. The motions to reduce sentence under 18 U.S.C. § 3582 (ECF Nos. 52, 54) are denied; 4 4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. 5 6 7 § 2253; and 5. The Clerk of the Court is directed to close the companion civil case No. 16-2165 GEB. Dated: June 14, 2018 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2