Gonzalez v. USA

Filing 23

ORDER Affirming the 21 Recommendation of the Magistrate Judge. Motion for Clarification (ECF No. 19) is DENIED. Defendants Relief under 28 U.S.C. § 2255 is DENIED WITH PREJUDICE and the Petition is DISMISSED. Motion to Extend filed in 1:07-cr-00189-GZS-3 (ECF No. 693) is DISMISSED AS MOOT for reasons stated in footnote 1. So Ordered by Judge George Z. Singal.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
CIRINO GONZALES,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent

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Nos.

1:12-cv-00375-GZS and
1:07-cr-00189-GZS-3

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge's Recommended
Decision (ECF No. 21) filed March 12, 2013, the Recommended Decision is
AFFIRMED.
Accordingly, it is ORDERED:
(1) That Defendant’s Motion for Clarification (ECF No. 19) is DENIED;
(2) That Defendant’s Relief under 28 U.S.C. § 2255 is DENIED WITH
PREJUDICE and the Petition is DISMISSED;
(3) That a certificate of appealability shall not issue in the event Defendant files
an appeal because there is no substantial showing of the denial of a
constitutional right within the meaning of 28 U.S.C. § 2253(c);
(4) Defendant’s Motion to Extend filed in 1:07-cr-00189-GZS-3 (ECF No. 693) is
DISMISSED AS MOOT for reasons stated in footnote 1.

_/s/ George Z. Singal
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United States District Judge
Dated this 9th day of April, 2013.