Goode v. United States of America

Filing 8

ORDER that the Report and Recommendation of the Magistrate Judge (Doc. 7 - CV 10-905-PHX-EHC-(MHB)) is adopted in full, including denial of a Certificate of Appealability and leave to proceed in forma pauperis on appeal. ORDER that the Motion to Vacate, Set Aside or Correct Sentence is denied. Signed by Judge Earl H Carroll on 5/11/11. (TLJ)

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
Kinley Abner Goode, Sr.,
13
Defendant/Movant.
14
15

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

No. CV 10-905-PHX-EHC (MHB)
No. CR 05-00067-PHX-EHC
ORDER

16
On April 27, 2010, Movant filed a Motion to Vacate, Set Aside or Correct Sentence
17
under 28 U.S.C. § 2255. The United States has filed a Response (Doc. 6). The matter was
18
referred to Magistrate Judge Michelle H. Burns who filed a Report and Recommendation on
19
April 5, 2011 recommending that the Motion be denied (Doc. 7 - CV 10-905).
20
The district court reviews de novo the portions of the Magistrate Judge's Report and
21
Recommendation to which there is a filed objection. 28 U.S.C. § 636(b)(1)(C)("a judge of
22
the court shall make a de novo determination of those portions of the report, ..., to which
23
objection is made"); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
24
2003). The district court is not required to review any issue that is not the subject of an
25
objection. Schmidt v. Johnstone, 263 F. Supp. 2d 1219 (D. Ariz. 2003), citing Thomas v.
26
Arn, 474 U.S. 140, 149 (1985). Movant has not filed an objection to the Report and
27
Recommendation.
28

1

The Report and Recommendation will be adopted as the Order of the Court.

2

Accordingly,

3

IT IS ORDERED that the Report and Recommendation of the Magistrate Judge

4

(Doc. 7 - CV 10-905-PHX-EHC (MHB)) is adopted in full, including denial of a Certificate

5

of Appealability and leave to proceed in forma pauperis on appeal.

6
7
8

IT IS FURTHER ORDERED that the Motion to Vacate, Set Aside or Correct
Sentence is denied.
DATED this 11th day of May, 2011.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-