Garcia v. United States of America

Filing 8

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez. IT IS THEREFORE ORDERED that: 1) the PFRD is adopted as an order of the Court; 2) the Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 1 ) is granted. The Court notes that the defendant has already been sentenced to a term of time served in his criminal case, CR 04-2242-MV. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff/Respondent,
v.
JOSE PEDRO GARCIA,

CV 16-750 MV/KK

Defendant/Movant.

ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
This matter is before the Court on the Magistrate Judge’s Proposed Findings and
Recommended Disposition (PFRD), filed July 29, 2016. (Doc. 4). The parties were notified that
objections were due within fourteen days of service of the PFRD and that if no objections were
filed, no appellate review would be allowed. To this date, no objections have been filed.
IT IS THEREFORE ORDERED that:
1) the PFRD is adopted as an order of the Court;
2) the Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 1)
is granted. The Court notes that the defendant has already been sentenced to a term of timeserved in his criminal case, CR 04-2242-MV.

___________________________________
UNITED STATES DISTRICT JUDGE