Rivera-Gallegos

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case Nos.: 12CR3814-JLS 18CV2059-JLS Plaintiff,

v. ORDER DENYING AND

DISMISSING DEFENDANT’S

ARTURO RIVERA-GALLEGOS,

MOTIONS UNDER 28 U.S.C. § 2255

Defendant. TO VACATE, SET ASIDE OR CORRECT SENTENCE and DENYING CERTIFICATE OF APPEALABILITY

18 [ECF Nos. 216 and 218] 19 On September 5, 2018, Defendant Rivera-Gallegos, proceeding pro se, filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody (ECF No. 216). On December 3, 2018, Defendant filed a second Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody (ECF No. 218). No briefing schedule was imposed, and Plaintiff has not filed any response. Defendant has been released from custody since the filing of his motions, but there is a supervised…