Olaya-Carvajal v. USA
Filing
20
ORDER adopting 19 --REPORT AND RECOMMENDATION; granting 1 --motion to vacate, set aside or correct sentence (2255) Criminal Case No. 8:02-cr-387-T-23EAJ filed by Angel Olaya-Carvajal; directing the Clerk to ENTER JUDGMENT for Angel Olaya-Carvajal and CLOSE the civil action. Signed by Judge Steven D. Merryday on 4/8/2009. (BK)
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
UNITED STATES OF AMERICA v. ANGEL OLAYA-CARVAJAL / ORDER Olaya-Carvajal moves to vacate his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The court denied all claims (Doc. 11) except Olaya-Carvajal's claim that trial counsel failed to timely file a notice of appeal, which claim was referred to Magistrate Judge Elizabeth A. Jenkins, who conducted a hearing and issued her report (Doc. 19). Neither party filed objections to the report and recommendation. The court independently examined the file and reviewed the report. Upon consideration, the report is adopted, confirmed, and incorporated by reference into this order. Accordingly, the court adopts the report (Doc. 19). Olaya-Carvajal's motion to vacate sentence (Doc. 1) is GRANTED. The clerk shall enter a judgment for defendant and close the civil action. ORDERED in Tampa, Florida, on April 8, 2009. CASE NO. 8:02-cr-387-T-23EAJ 8:06-cv-764-T-23EAJ
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?