United States v. Chilcott

Full title: UNITED STATES OF AMERICA, Respondent, v. JEFFREY HOLDEN CHILCOTT, Movant…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 19, 2006

CR S-02-0433-FCD-CMK (E.D. Cal. Jan. 19, 2006)

Opinion

UNITED STATES OF AMERICA, Respondent, v. JEFFREY HOLDEN CHILCOTT, Movant. No. CR S-02-0433-FCD-CMK Case No. CIV S-04-2582-FCD-CMK United States District Court, E.D. California. January 19, 2006

          ORDER

          FRANK DAMRELL JR., District Judge.

         Movant, a federal prisoner proceeding pro se, brings this motion to correct or set aside a criminal judgment pursuant to 28 U.S.C. § 2255. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21).

         On December 7, 2005, the magistrate judge filed findings and recommendations herein which were served on movant and which contained notice to movant that any objections to the findings and recommendations were to be filed within ten days. Movant has not filed objections to the findings and recommendations.

         The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The findings and recommendations filed December 7, 2005, are adopted in full;

         2. Respondent's motion to dismiss is granted;

         3. Movant's motion pursuant to 28 U.S.C. § 2255 is dismissed; and

         4. The Clerk of the Court is directed to enter judgment and close companion civil case no. CIV S-04-2582-FCD-CMK.