Opinion
CASE NO. 08-80816-Cv-HURLEY, (05-80135-Cr-HURLEY).
August 13, 2009
ORDER
ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, ENTERING FINAL JUDGMENT DENYING MOTION TO VACATE, AND CLOSING CASE
THIS CAUSE is before the court upon a motion to vacate, filed pursuant to 28 U.S.C. § 2255, and the Report and Recommendations of the Honorable Patrick A. White, United States Magistrate Judge.
Pursuant to Fed.R.Civ.P. 72(b), "[T]he district judge . . . shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made in accordance with this rule." The rule requires that objections be filed within ten days of service of the Report and Recommendations, and that the objecting party arrange for transcription of sufficient portions of the record. Fed.R.Civ.P. 72(b). The district judge may then "accept, reject, or modify the recommended decision, receive further evidence, or recommit the matter to the magistrate judge with instructions." Id. Portions of the Report and Recommendations that are not specifically objected to are subject to the clear error standard. The identical requirements are set forth in 28 U.S.C. § 636(b)(1).
After considering the Report of the Magistrate Judge, as well as, any objections filed thereto, and after conducting a de novo review of the record as a whole, it is hereby ORDERED AND ADJUDGED as follows:
1. The Report and Recommendations of the United States Magistrate Judge is ADOPTED in its entirety and incorporated herein by reference.
2. The motion to vacate is DENIED.
3. All pending motions not otherwise ruled upon are DENIED, as moot.
4. This case is CLOSED.