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)

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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 2

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