Fjerstad v. United States of America

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATION; petitioner's 2255 motion is denied and this case is dismissed with prejudice by Judge Ricardo S Martinez. (RS) cc Fjerstad

01 02 03 04 05 06 07 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ )

08 MICHAEL J. FJERSTAD, 09 10 11 12 13 14

CASE NO.

C10-567-RSM (CR07-277-RSM)

ORDER OF DISMISSAL

The Court, after careful consideration of petitioner's 28 U.S.C. § 2255 motion for writ

15 of habeas corpus, the government's response, the Report and Recommendation of the 16 Honorable Mary Alice Theiler, the governing authorities and the balance of the record, does 17 hereby find and ORDER: 18 19 20 21 22 / / / (3) (1) (2) The Report and Recommendation is ADOPTED; Petitioner's § 2255 motion is DENIED and this case is DISMISSED with prejudice; Petitioner is DENIED issuance of a certificate of appealability; and

ORDER OF DISMISSAL PAGE -1

01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22

(4)

The Clerk is directed to send copies of this Order to all counsel of record and to Judge Theiler.

DATED this 17th day of March 2011.

A

RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

ORDER OF DISMISSAL PAGE -2