Soto v. United States of America

Filing 13

MEMORANDUM OPINION that a certificate of appealability will be denied as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 7/29/2015. (AHI)

Download PDF
FILED 2015 Jul-29 AM 11:22 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LEONEL SOTO, Movant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case Numbers: 2:12-cv-08015-CLS-SGC 2:09-cr-00153-CLS-SGC MEMORANDUM OPINION On July 7, 2015, the magistrate judge entered a sealed report recommending the above-captioned Motion to Vacate, Set Aside, or Correct Sentence filed pursuant to 28 U.S.C. § 2255 be denied. (Doc. 12). The magistrate judge further recommended a certificate of appealability be denied, pursuant to Rule 11 of the Rules Governing 2255 Proceedings. The time to object has passed, and no objections have been filed. After careful consideration of the record in this case and the magistrate judge’s report, the court hereby ADOPTS the report of the magistrate judge, and ACCEPTS her recommendations. In accordance with the recommendations, the court finds: (1) all claims based on the failure to file a substantial assistance motion, including any related ineffective assistance of counsel claims, will be DENIED as MOOT; (2) all other claims for ineffective assistance of counsel will be DENIED and DISMISSED WITH PREJUDICE; and (3) all claims that the sentence imposed in this case is unreasonable will be DENIED and DISMISSED WITH PREJUDICE, except that any claims sounding in 28 U.S.C. § 2241 will be DISMISSED WITHOUT PREJUDICE. Additionally, a certificate of appealability will be DENIED. A separate order will be entered. DONE this 29th day of July, 2015. ______________________________ United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?