Racca v. United States of America

Filing 13

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 JERRY BUNNAO RACCA,
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Petitioner,
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v.
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UNITED STATES OF AMERICA,
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Respondent.
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____________________________________ )

CASE NO.

C11-1235-RSM
(CR06-106-RSM)

ORDER DENYING MOTION UNDER
28 U.S.C. § 2255

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The Court, having reviewed petitioner’s motion under 28 U.S.C. § 2255, the briefing of

15 the parties, the Report and Recommendation of Mary Alice Theiler, United States Magistrate
16 Judge, and the remaining record, does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation;

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(2)

Petitioner’s motion under § 2255 (Dkt. No. 1) is DENIED and this action is

19 DISMISSED with prejudice;
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(3)

In accordance with Rule 11 of the Rules Governing Section 2255 Proceedings

21 for the United States District Courts, a certificate of appealability is GRANTED; and
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ORDER DENYING MOTION
UNDER 28 U.S.C. § 2255
PAGE -1

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(4)

The Clerk shall send copies of this Order to petitioner, to counsel for the

02 government, and to Judge Theiler.
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DATED this 16 day of April 2012.

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER DENYING MOTION
UNDER 28 U.S.C. § 2255
PAGE -2