Goode v. United States of America
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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United States of America,
Plaintiff/Respondent,
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vs.
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Kinley Abner Goode, Sr.,
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Defendant/Movant.
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No. CV 10-905-PHX-EHC (MHB)
No. CR 05-00067-PHX-EHC
ORDER
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On April 27, 2010, Movant filed a Motion to Vacate, Set Aside or Correct Sentence
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under 28 U.S.C. § 2255. The United States has filed a Response (Doc. 6). The matter was
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referred to Magistrate Judge Michelle H. Burns who filed a Report and Recommendation on
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April 5, 2011 recommending that the Motion be denied (Doc. 7 - CV 10-905).
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The district court reviews de novo the portions of the Magistrate Judge's Report and
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Recommendation to which there is a filed objection. 28 U.S.C. § 636(b)(1)(C)("a judge of
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the court shall make a de novo determination of those portions of the report, ..., to which
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objection is made"); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
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2003). The district court is not required to review any issue that is not the subject of an
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objection. Schmidt v. Johnstone, 263 F. Supp. 2d 1219 (D. Ariz. 2003), citing Thomas v.
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Arn, 474 U.S. 140, 149 (1985). Movant has not filed an objection to the Report and
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Recommendation.
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The Report and Recommendation will be adopted as the Order of the Court.
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Accordingly,
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IT IS ORDERED that the Report and Recommendation of the Magistrate Judge
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(Doc. 7 - CV 10-905-PHX-EHC (MHB)) is adopted in full, including denial of a Certificate
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of Appealability and leave to proceed in forma pauperis on appeal.
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IT IS FURTHER ORDERED that the Motion to Vacate, Set Aside or Correct
Sentence is denied.
DATED this 11th day of May, 2011.
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