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)
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
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4.
The Clerk is directed to terminate this action.
Dated this 3rd day of March, 2011.
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