USA v. Zendejas et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Alberto Chahia, a/k/a Chingone,
Petitioner,
-vs-
United States of America,
Respondent.
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Case No. 3:06-cr-132-02
ORDER ADOPTING REPORT AND
RECOMMENDATION
Before the Court is Alberto Chahia’s Motion to Vacate, Set Aside, or Correct Sentence
under 28 U.S.C. § 2255. The Court has received a Report and Recommendation from the
Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636,
recommending that Chahia’s motion be denied (Doc. #450). 	Chahia was granted an extension
until May 6, 2011, to file objections to the magistrate judge’s Report and Recommendation (Doc.
#454). He has not filed any objections.
The Court has reviewed the Report and Recommendation, along with the entire file, and
finds the Magistrate Judge’s analysis is appropriate. Accordingly, the Court hereby adopts the
Report and Recommendation in its entirety. For the reasons stated therein, Chahia’s motion to
vacate, set aside, or correct sentence is DENIED.
CERTIFICATE OF APPEALABILITY
The Court certifies that an appeal from the dismissal of this action may not be taken in forma
pauperis because such an appeal would be frivolous and cannot be taken in good faith. 	See
Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Furthermore, the Court finds that Chahia
has failed to make a substantial showing of the denial of a constitutional right, and the issues
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presented in this case are inadequate to deserve further consideration. See Miller-El v. Cockrell, 537
U.S. 322, 327 (2003). Therefore, the Court will not issue a certificate of appealability.
If Chahia desires further review of his Motion to Vacate, Set Aside, or Correct Sentence
under 28 U.S.C. § 2255, he may request the issuance of a certificate of appealability by a circuit
judge of the Eighth Circuit Court of Appeals in accordance with Tiedeman v. Benson, 122 F.3d 518,
520-22 (8th Cir. 1997).
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 11th day of May, 2011.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief District Judge
United States District Court
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