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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