Hughes v. United States of America

Filing 32

ORDER - that the Magistrate Judge's Report and Recommendation (Doc. 30 CV-09-773-PHX-EHC (JRI)) is adopted in full, including denial of a Certificate of Appealability. IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is denied. Signed by Judge Earl H Carroll on 9/14/2011. (KMG)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

United States of America,
Plaintiff/Respondent,

10
11

vs.

12
Denys Ray Hughes,
13
Defendant/Movant.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV-09-773-PHX-EHC (JRI)
No. CR-05-759-PHX-EHC
ORDER

15
16

On July 25, 2011, Magistrate Judge Jay R. Irwin issued a Report and

17

Recommendation (Doc. 30), regarding Movant's Motion to Vacate, Set Aside or Correct

18

Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The Magistrate Judge recommends denying

19

the Motion. Movant has not filed a Response or Objection to the Report and

20

Recommendation.1

21

The district court reviews de novo the portions of the Magistrate Judge's Report and

22

Recommendation to which there is a filed objection. 28 U.S.C. § 636(b)(1)(C) ("a judge of

23

the court shall make a de novo determination of those portions of the report ... to which

24

objection is made"); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

25
1

26
27
28

The Court notes that a copy of the Report and Recommendation was mailed to
Movant on July 25, 2011. On August 5, 2011, it was returned to the Clerk's Office marked
"Return to Sender" as Movant did not provide a forwarding address in violation of Local
Rule 83.3(d) (Doc. 31). According to the Bureau of Prisons, as of September 14, 2011,
Movant has escaped and his location is unknown.

1

2003). The district court is not required to review any issue that is not the subject of an

2

objection. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1220 (D. Ariz. 2003), citing Thomas

3

v. Arn, 474 U.S. 140, 149 (1985).

4
5

The Court, having considered the record and the Report and Recommendation of the
Magistrate Judge, adopts the Report and Recommendation as the Order of Court.

6

Accordingly,

7

IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 30-

8

CV-09-773-PHX-EHC (JRI)) is adopted in full, including denial of a Certificate of

9

Appealability.

10
11
12

IT IS FURTHER ORDERED that Movant’s Motion to Vacate, Set Aside or Correct
Sentence (Doc. 1) is denied.
DATED this 14th day of September, 2011.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-