Badie v. USA (2255-2:08-cr-0474 WBS-3)
Filing
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 3/1/2019 as to Behrooz Badie ADOPTING in FULL 386 Findings and Recommendations, DENYING 343 Motion to Vacate - 2255; The court DECLINES to issue the certificate of appealability; The Clerk of the Court is directed to close the companion civil case, No. 2:16-cv-0105 WBS KJN, and to enter judgment. (Washington, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Nos. 2:08-cr-0474 WBS KJN P
2:16-cv-0105 WBS KJN
UNITED STATES OF AMERICA,
Respondent,
v.
ORDER
BEHROOZ BADIE,
Movant.
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Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside or
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correct his sentence pursuant to 28 U.S.C. § 2255. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On January 22, 2019, the magistrate judge filed findings and recommendations herein
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which were served on movant and which contained notice to movant that any objections to the
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findings and recommendations were to be filed within fourteen days. Movant has not filed
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objections to the findings and recommendations.
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Although it appears from the file that movant’s copy of the findings and recommendations
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was returned, movant was properly served. It is the movant’s responsibility to keep the court
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apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents
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at the record address of the party is fully effective.
The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed January 22, 2019, are adopted in full;
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2. Movant’s January 15, 2016 motion to vacate, set aside, or correct his sentence pursuant
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to 28 U.S.C. § 2255 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-
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0105 WBS KJN, and to enter judgment.
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Dated: March 1, 2019
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/badi0474.802
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