Antunez v. United States of America

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION by Judge John C Coughenour; Petitioner's Motion is DENIED as untimely and this action is DISMISSED with prejudice. (TF) cc: G Antunez

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GREGORIO MORA ANTUNEZ,

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Plaintiff,
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v.

CASE NO. C11-1270-JCC
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING ACTION

UNITED STATES OF AMERICA,
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Defendant.
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This matter comes before the Court on the Report and Recommendation of United States

17 Magistrate Judge Mary Alice Theiler (Dkt. No. 10), to which there has been no timely objection.
18 The Court, after careful consideration of the parties’ submissions, the report and recommendation,
19 and the balance of the record, does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation;

(2)

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

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action is DISMISSED with prejudice;
(3)

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

25 the United States District Courts, a certificate of appealability is DENIED; and
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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DISMISSING
ACTION
PAGE - 1

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(4)

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

2 Government, and to Judge Theiler.
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DATED this 23rd day of December 2011.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DISMISSING
ACTION
PAGE - 2