Soto-Robledo v. United States of America

Filing 8

ORDER by District Judge Kenneth J. Gonzales adopting 7 Magistrate Judge's Proposed Findings and Recommended Disposition; denying Alejandro Soto-Robledo's Amended Motion Pursuant to § 2255; and dismissing this action with prejudice. (tah)

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

UNITED STATES OF AMERICA,
Plaintiff-Respondent,
v.

CIV 16-0452 KG/KBM
CR 14-2443 KG

ALEJANDRO SOTO-ROBLEDO,
Defendant-Movant.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
The Chief Magistrate Judge filed her Proposed Findings and Recommended Disposition
(“PFRD”) on January 31, 2017 (CV Doc. 7 & CR Doc. 69). Judge Molzen thoroughly reviewed
the record in both the criminal and civil actions and determined conclusively that Mr. SotoRobledo is not eligible for relief pursuant to § 2255. Judge Molzen recommended that I deny the
§2255 Motion, as amended, without a hearing.
The PFRD notified the parties of their ability to file timely objections within 14 days of
service, and that failure to do so waives review. To-date, Defendant-Movant has not filed any
objections, and there is nothing in the record indicating that the proposed findings were not
delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Chief Magistrate Judge’s Proposed Findings and Recommended Disposition
is adopted;

2.

Mr. Soto-Robledo’s amended motion pursuant to § 2255 is denied without
a hearing, and this action will be dismissed with prejudice; and

3.

A final order will be entered concurrently herewith.

UNITED STATES DISTRICT JUDGE

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