Citation Codes Equivalent Citations citation codes Docket Number CASE NO. 1:08-cv-0059-MEF. Motions Motion to vacate : Denied Judges Mark E. Fuller Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence See more information ... Smart Summary Please sign up to generate summary. SERGIO RIOS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ORDER MARK FULLER, District Judge On November 5, 2009, the Magistrate Judge filed a Recommendation (Doc. #10) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. That the motion to vacate pursuant to 28 U.S.C. § 2255 is DENIED as untimely and that this case is DISMISSED with prejudice.