Rios-Lagarrata v. United States of America

Filing 12

ORDER - Magistrate Judge Guerin's R&R 10 is accepted. Plaintiff-Respondent's Motion to Vacate, Set Aside or Correct Sentence (Dkt # 1) is denied. The Clerk of Court shall terminate this action. Signed by Judge G Murray Snow on 8/26/09. (KMG)

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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 Pending before the Court are Plaintiff-Respondent's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody and United States Magistrate Judge Guerin's Report and Recommendation ("R&R"). Dkt. ## 1, 10). The R&R recommends that the Court deny the motion. 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) 6(a) and 6(e); 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 v. Orlando Rios-Lagarrata, Defendant-Movant. United States of America, Plaintiff-Respondent, ) ) ) ) ) ) ) ) ) ) ) No. CR-05-1042-PHX-EHC No. CV-07-2079-GMS (JCG) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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 Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny the 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 Guerin's R&R (Dkt. # 10) is accepted. Plaintiff-Respondent's Motion to Vacate, Set Aside or Correct Sentence (Dkt # 1) is denied. 3. The Clerk of Court shall terminate this action. DATED this 26th day of August, 2009. -2-

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