Tavira-de Paz v. United States of America

Filing 12

***DOCUMENT #12 STRICKEN PURSUANT TO AMENDED ORDER #14 FILED ON 7/30/09*** ORDER the Report and Recommendation Doc. 11 is ADOPTED and the Motion to Vacate (Doc. 1) is DISMISSED. The Clerk of Court shall close this case. Signed by Judge Roslyn O Silver on 7/16/09. (KMG, ) MODIFIED TO ADD DOCUMENT STRICKEN NOTATION ON 8/10/2009 (DTN).

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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 On June 18, 2009, Magistrate Judge Jay R. Irwin issued a Report and Recommendation recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 be dismissed (Doc. 11). Petitioner failed to file timely objections. The Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1). It is "clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1126 (D. Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, `but not otherwise.'"). District courts are not required to conduct "any review at all . . . of any issue that is not the subject vs. United States of America, Respondent. Ruben Tavira de Paz, Movant, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-07-02429-PHX-ROS 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 of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985). No objection having been made, the Court will adopt the Report and Recommendation in full. Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 11) is ADOPTED and the Motion to Vacate (Doc. 1) is DISMISSED. The Clerk of Court shall close this case. DATED this 16th day of July, 2009. -2-

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