Racca v. United States of America

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION; petitioner's 2255 is denied and this action is dismissed with prejudice by Judge Ricardo S Martinez. (RS)cc Racca

01 02 03 04 05 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 06 07 08 JERRY BUNNAO RACCA, 09 10 11 12 ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ ) CASE NO. C11-1235-RSM (CR06-106-RSM) ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 13 14 The Court, having reviewed petitioner’s motion under 28 U.S.C. § 2255, the briefing of 15 the parties, the Report and Recommendation of Mary Alice Theiler, United States Magistrate 16 Judge, and the remaining record, does hereby find and ORDER: 17 (1) The Court adopts the Report and Recommendation; 18 (2) Petitioner’s motion under § 2255 (Dkt. No. 1) is DENIED and this action is 19 DISMISSED with prejudice; 20 (3) In accordance with Rule 11 of the Rules Governing Section 2255 Proceedings 21 for the United States District Courts, a certificate of appealability is GRANTED; and 22 / / / ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 PAGE -1 01 (4) The Clerk shall send copies of this Order to petitioner, to counsel for the 02 government, and to Judge Theiler. 03 DATED this 16 day of April 2012. 04 05 06 A 07 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 PAGE -2