Carbajal-Argueta v. United States of America

Filing 6

ORDER by District Judge Kenneth J. Gonzales adopting 5 MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255 under Johnson v. USA) filed by Fredor Eduardo Carbajal-Argueta. Case dismissed with prejudice. (tah)

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

UNITED STATES OF AMERICA,
Plaintiff,
v.

CV 16-411 KG/WPL
CR 15-2989 KG

FREDOR EDUARDO CARBAJAL-ARGUETA,
Defendant.
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 December 15, 2016. (CV Doc. 5; CR Doc. 37.)
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. (Id. at 9; id. at 9.)
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) Carbajal-Argueta’s Motion Under 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 33) is
denied;
3) this cause is dismissed with prejudice; and
4) a certificate of appealability is denied.

_________________________________
UNITED STATES DISTRICT JUDGE