Free Order on Motion to Vacate (2255) - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 vs. United States of America,

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Plaintiff/Respondent,

Jose Ventura Villa-Hernandez, 13 Defendant/Movant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cr-00201-SRB

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No. CR04-0201-PHX-SRB CV05-3853-PHX-SRB ORDER

Defendant, Jose Ventura Villa-Hernandez, filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 on November 29, 2005. Plaintiff filed its response in opposition on January 27, 2006. No reply was filed. The Magistrate Judge filed his Report and Recommendation on June 6, 2006, recommending that Defendant's Motion to Vacate, Set Aside, or Correct Sentence be dismissed with prejudice. In his Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. The Court notes that Defendant's copy of the Report and Recommendation has been returned by the Post-Office with the notation "Return to Sender No Longer in Custody."

Document 193

Filed 07/10/2006

Page 1 of 2

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The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED that Defendant's Motion to Vacate, Set Aside, or Correct Sentence is denied and dismissed with prejudice. (Doc. 184).

DATED this 7th day of July, 2006.

-2Case 2:04-cr-00201-SRB Document 193 Filed 07/10/2006 Page 2 of 2