Rolando Olvera United States District Judge
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is the Magistrate Judge's Report and Recommendation in the above-referenced cause of action. No objections have been filed. After a de novo review of the file, the "Magistrate Judge's Report and Recommendation" (Docket No. 5) is ADOPTED. It is therefore ORDERED, ADJUDGED, and DECREED that to the extent Molina seeks relief under 28 U.S.C. § 2255, her "Motion Pursuant to 28 U.S.C. § 2255 to Vacate Set Aside Sentence in light of Retroactive Effect of the Clarifying Amendment (794)" (Docket No. 1) is DISMISSED for failure to state a cognizable claim. Moreover, to the extent Molina seeks a reduction of her sentence based on a retroactive application of United States Sentencing Guideline Amendment 794, her motion (Docket No. 1) is construed as seeking relief pursuant to 18 U.S.C. 3582(c)(2), and DENIED because Amendment 794 has not been given retroactive effect under United States Sentencing Guideline § 1B1.10. A certificate of appealability shall not issue.
Signed on this 1 day of November, 2016
/s/_________
Rolando Olvera
United States District Judge