Singh v. United States of America

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 10 ; Defendant/Movant's motion to vacate, set aside, or correct sentence by a person in federal custody pursuant to 28 U.S.C. § 2255, filed re CR 03-540 PHX-DGC is denied. The Clerk shall terminate this action. Signed by Judge David G Campbell on 4/15/09. (LSP)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Jagdish Singh, Defendant/Movant. United States of America, Plaintiff/Respondent, ) ) ) ) ) ) ) ) ) ) ) No. CV07-306-PHX-DGC (HCE) CR03-540 PHX DGC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ORDER

Pending before the Court are Movant/Defendant Jagdish Singh's motion to vacate, set aside or correct sentence by a person in federal custody pursuant to 28 U.S.C. § 2255 and United States Magistrate Judge Hector C. Estrada's Report and Recommendation ("R&R"). Dkt. ##1, 10. The R&R recommends that the Court deny the motion because Movant has failed to establish that trial counsel was ineffective. Dkt. #10 at 18. The Magistrate Judge advised the parties that they had ten days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. Id. at 18-19 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The

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Court will accept the R&R and deny Defendant/Movant's motion. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions."). IT IS ORDERED: 1. 2. Magistrate Judge Hector C. Estrada's R&R (Dkt. #10) is accepted. Defendant/Movant's motion to vacate, set aside, or correct sentence by a

person in federal custody pursuant to 28 U.S.C. § 2255 (Dkt. #1) is denied. 3. The Clerk of Court shall terminate this action.

DATED this 15th day of April, 2009.

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