Antunezv.United States

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLEDec 23, 2011
CASE NO. C11-1270-JCC (W.D. Wash. Dec. 23, 2011)

CASE NO. C11-1270-JCC

12-23-2011

GREGORIO MORA ANTUNEZ, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.


THE HONORABLE JOHN C. COUGHENOUR


ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION

This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Mary Alice Theiler (Dkt. No. 10), to which there has been no timely objection. The Court, after careful consideration of the parties' submissions, the report and recommendation, and the balance of the 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 as untimely, 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 DENIED; and
(4) The Clerk shall send copies of this Order to Petitioner, to counsel for the Government, and to Judge Theiler.


__________


John C. Coughenour


UNITED STATES DISTRICT JUDGE