Martinez-Amaya v. United States of America

Filing 18

ORDER ACCEPTING REPORT AND RECOMMENDATION 17 and denying the motion to vacate, set aside, or correct sentence 1 . Signed by Judge Frederick J Martone on 12/29/09. (TLJ)

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Miguel Martinez-Amaya, Plaintiff, vs. United States of America, Defendant.

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No. CV-08-1378-PHX-FJM ORDER

We have before us plaintiff's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 1), defendant's response (doc. 7), and plaintiff's reply (doc. 16). We also have before us the report and recommendation of the United States Magistrate Judge recommending that plaintiff's motion be denied (doc. 17). Plaintiff has not objected to the report and recommendation and the time for doing so has expired. The court accepts the recommended decision of the Magistrate Judge pursuant to Rule 10, Rules Governing § 2255 Cases, and 28 U.S.C. § 636(b). Therefore, IT IS ORDERED DENYING the motion to vacate, set aside, or correct sentence (doc. 1). DATED this 29th day of December, 2009.