Scott v. USA

Filing 1

ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by District Judge Morrison C. England, Jr on 12/4/2017 as to Elmar Scott ADOPTING in FULL 91 Findings and Recommendations; DENYING 82 Motion to Vacate - 2255; The Court declines to issue the cer tificate of appealability; The Clerk of the Court is directed to close the companion civil case, No. 2:16-cv-1396 MCE CKD. CASE CLOSED (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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No. 2:96-cr-0254 MCE CKD P

Respondent,

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v.

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ELMAR SCOTT,

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ORDER

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 26, 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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///
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed September 26, 2017, (ECF No. 91) are

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ADOPTED in full;
2. Movant’s June 21, 2016 motion for habeas corpus relief under 28 U.S.C. § 2255 (ECF
No. 82) 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-1396
MCE CKD.
IT IS SO ORDERED.
Dated: December 4, 2017

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