Thomas v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. The 7 Report and Recommendation is accepted; the motion to vacate sentence 1 is denied; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied; the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/3/11. (REW)

Download PDF
Thomas v. United States of America Doc. 8 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 Defendant/Movant Lloyd Thomas, Jr. has filed a motion to vacate sentence pursuant to 28 U.S.C. 2255. Doc. 1. United States Magistrate Judge David K. Duncan has issued a report and recommendation ("R&R") recommending that the motion be denied. Doc. 7. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the motion. IT IS ORDERED: 1. 2. 3. The R&R (Doc. 7) is accepted. The motion to vacate sentence (Doc. 1) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied vs. Lloyd Thomas, Jr., Defendant/Movant. United States of America, Plaintiff/Respondent, ORDER No. CV10-1810 PHX DGC (DKD) CR04-0819 PHX DGC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Dockets.Justia.com 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 4. The Clerk is directed to terminate this action. Dated this 3rd day of March, 2011. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?