Arias-Javier v. United States of America

Filing 22

MEMORANDUM & ORDER ADOPTING REPORT & RECOMMENDATION for 16 Report and Recommendations. Having found Magistrate Judge Dolinger's Report and Recommendation to be correct and appropriate upon de novo review, see FED. R. Crv. P. 72(b), and Peti tioner's objections to be without merit, the Report and Recommendation [dkt. no. 16] is hereby ADOPTED. Accordingly, Petitioner's request to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [dkt. no. 1] is DENIED , and the Clerk of Court shall mark this action closed and all pending motions - including dkt. no. 52 in 07 CR 1186, which is a motion for summary judgment on the instant petition - denied as moot. (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 7/29/2015) (kgo); [*** NOTE: Also docketed in related Criminal Case 07-CR-1186(LAP), Doc.#57. ***] Modified on 8/3/2015 (bw).