Serrato v. United States of America
Filing
38
ORDER adopting the 33 Proposed Findings and Recommendations and dismissing the 22 Petition to Vacate, Set Aside or Correct Sentence (2255). Directing that this action be stricken from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 11/13/2020. (cc: counsel of record; movant, United States Magistrate Judge) (lca)
Case 2:18-cv-00295 Document 38 Filed 11/13/20 Page 1 of 2 PageID #: 224
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
RAFAEL GARCIA SERRATO,
Movant,
v.
Civil Action No. 2:18-cv-00295
UNITED STATES OF AMERICA,
Respondent.
ORDER
Pending is movant Rafael Garcia Serrato’s motion under
28 U.S.C. § 2255 to vacate, set aside or correct sentence by a
person in federal custody, filed February 12, 2018.
This action
was previously referred to United States Magistrate Judge Omar
J. Aboulhosn for submission to the court of his Proposed
Findings and Recommendation (“PF&R”) for disposition pursuant to
28 U.S.C. § 636(b)(1)(B).
On August 31, 2020, the magistrate
judge entered his PF&R recommending that the court deny movant’s
motion and dismiss this civil action with prejudice.
not filed timely objections to the PF&R.1
1
Movant has
See 28 U.S.C. §
The PF&R was originally mailed to the address listed in
movant’s § 2255 motion, at FCI La Tuna in Anthony, Texas on
August 31, 2020. The mail was returned to sender as
undeliverable on September 21, 2020. The Clerk then resent the
PF&R to movant’s address, as reflected on the Bureau of Prisons
website, at Big Spring Correctional Institution in Big Spring,
Case 2:18-cv-00295 Document 38 Filed 11/13/20 Page 2 of 2 PageID #: 225
636(b)(1) (party has fourteen days from service of PF&R to file
objections); see also Fed. R. Crim. P. 45(c) (providing an
additional three days where service is made by mail).
Movant having not filed any objections to the PF&R, it
is ORDERED that the findings made in the PF&R of the magistrate
judge be, and they hereby are, adopted by the court and
incorporated herein.
Accordingly, it is ORDERED that:
1. The magistrate judge’s PF&R entered August 31, 2020 be, and
it hereby is, adopted and incorporated in full.
2. The petition for writ of habeas corpus pursuant to 28
U.S.C. § 2255 be, and it hereby is, dismissed.
3. This action is stricken from the court’s docket.
The Clerk is directed to forward copies of this
written opinion and order to movant, all counsel of record, and
the United States Magistrate Judge.
ENTER: November 13, 2020
Texas on the day it was returned.
returned as undeliverable.
2
The mail has not since been
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