Cab-Suarez v. United States of America

Filing 8

ORDER ACCEPTING REPORT AND RECOMMENDATIONS, Magistrate Judge Voss's 2 Report and Recommendation is accepted. Defendant-Movant's petition for writ of habeas corpus/complaint is denied. The Clerk of the Court shall terminate this action. Signed by Judge G Murray Snow on 10/03/08. (ESL, )

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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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff-Respondent, v. Luis Alberto Cab-Suarez, Defendant-Movant. ) ) ) ) ) ) ) ) ) ) ) ) No. CR 07-0270-PHX-EHC No. CV-07-1164-PHX-GMS (ECV) ORDER Pending before the Court are Defendant-Movant's petition for writ of habeas corpus/civil rights complaint and United States Magistrate Judge Voss's Report and Recommendation ("R&R"). Dkt. # 17 (filed in CR-07-0270-PHX-EHC) and # 2. The R&R recommends that the Court deny the petition/complaint because Movant's ineffective assistance of counsel claims in grounds one through three are waived by the express waiver of a 2255 motion in the plea agreement. Additionally, the court finds that the claims are without merit. Dkt. # 2 at 5. 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 6 (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 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 (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 Court has nonetheless reviewed the R&R and finds that it is welltaken. The Court will accept the R&R and deny the Petition/complaint. 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 Voss's R&R (Dkt. #2) is accepted. Defendant-Movant's petition for writ of habeas corpus/complaint (Dkt. #17) is denied. 3. The Clerk of the Court shall terminate this action. DATED this 3rd day of October, 2008. -2-

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