Racca v. United States

RICARDO S. MARTINEZ

ORDER DENYING MOTION UNDER 28 U.S.C. § 2255 The Court, having reviewed petitioner's motion under 28 U.S.C. § 2255, the briefing of the parties, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) Petitioner's motion under § 2255 (Dkt. No. 1) is DENIED and this action is DISMISSED with prejudice;

(3) In accordance with Rule 11 of the Rules Governing Section 2255 Proceedings for the United States District Courts, a certificate of appealability is GRANTED; and

(4) The Clerk shall send copies of this Order to petitioner, to counsel for the government, and to Judge Theiler.

____________

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE