Tubbs v. USA (2255 / 2:05-CR-0243 WBS)

Filing 1

ORDER signed by Senior Judge William B. Shubb on 10/19/2017 ADOPTING IN FULL 249 Findings and Recommendations as to Javaris Marquez Tubbs. The Clerk of the Court is directed to close the companion civil case, No. 2:12-cv-2987 WBS CKD. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Respondent,

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No. 2:05-cr-0243 WBS CKD P
No. 2:12-cv-2987 WBS CKD

v.

ORDER

JARVIS MARQUEZ TUBBS,

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Movant.

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Movant, a federal prisoner proceeding with counsel, has filed a motion to vacate, set

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aside, or correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 15, 2017, the magistrate judge filed findings and recommendations herein

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which were served on all parties and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. Movant has filed

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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

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 15, 2017, are adopted in full;

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2. Respondent’s motion for a stay is denied;

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3. Movant’s December 16, 2016, third amended motion for habeas relief under 28 U.S.C.

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§ 2255 (ECF No. 231) is denied;

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4. The court issues the certificate of appealability referenced in 28 U.S.C. § 2253 on the

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question of whether movant’s conviction of armed bank robbery under 18 U.S.C. § 2113(a) and

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(d) was a conviction of a crime of violence within the meaning of 18 U.S.C. § 924(c); and

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5. The Clerk of the Court is directed to close the companion civil case, No. 2:12-cv-2987

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WBS CKD.

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Dated: October 19, 2017

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tubb0243.805vac

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