Schwartz v. United States of America

Filing 8

ORDER ADOPTING/ACCEPTING 7 Report and Recommendation. The Motion to vacate sentence is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied and the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 6/30/11. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Magdalena Ester Schwartz,
Petitioner,

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v.
United States of America,
Respondent.

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No. CV10-2128 PHX-DGC (DKD)
No. CR98-0662 PHX-DGC
ORDER

Petitioner, Magdalena Ester Schwartz has filed a motion to vacate, set aside or correct

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sentence, which the Court has construed as a petition for writ of coram nobis. Doc. 1.

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United States Magistrate Judge David K. Duncan has issued a report and recommendation

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(“R&R”) recommending that the motion be denied. Doc. 7 at 5. No objection has been filed,

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which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the

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petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 7) is accepted.

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2.

The motion to vacate sentence (Doc. 1) is denied.

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3.

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A certificate of appealability and leave to proceed in forma pauperis on appeal
are denied

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4.

The Clerk is directed to terminate this action.

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DATED this 30th day of June, 2011.

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