Camberos-Villapuda v. United States of America

Filing 19

ORDER granting 8 Motion to Dismiss; adopting 15 Report and Recommendation. A certificate of appealability is denied. Signed by U.S. District Judge Karen E. Schreier on 8/14/18. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
LUCIANO CAMBEROS-VILLAPUDA,

4:17-CV-04161-KES

Movant,
vs.

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING MOTION

UNITED STATES OF AMERICA,
Respondent.

Movant, Luciano Camberos-Villapuda, filed a motion under
28 U.S.C. ' 2255 to vacate, set aside, or correct sentence by a person in
federal custody. Docket 1. The court referred the motion to Magistrate Judge
Veronica Duffy. On June 14, 2018, Magistrate Judge Duffy submitted a
report and recommended that respondent’s motion to dismiss be granted and
that all of Camberos-Villapuda’s claims for relief be dismissed. Docket 15. The
time for objections has passed and no objections to the report and
recommendation have been filed under 28 U.S.C. ' 2254, Rule 8(b)(3). The
court has considered the case de novo and adopts the report and
recommendation in full. Thus, it is
ORDERED that the magistrate judge=s report and recommendation
(Docket 15) is adopted in full and respondent’s motion to dismiss (Docket 8) is
granted.

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IT IS FURTHER ORDERED that based upon the reasons set forth
herein and under Fed. R. App. P. 22(b), the court finds that petitioner has not
made a substantial showing of the denial of a constitutional right. 28 U.S.C.
' 2253(c)(2). Therefore, a certificate of appealability is denied.
DATED this 14th day of August, 2018.
BY THE COURT:

/s/ Karen E. Schreier

KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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