Young v. United States of America

Filing 12

ORDER the 11 Report and Recommendation is adopted in full. Petitioner's 1 motion to vacate, set aside or correct sentence (and Doc. 152 in criminal case CR-07-1217) is DENIED. IT IS ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied because jurists of reason would not find the ruling debatable, and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Chief Judge Roslyn O Silver on 12/29/11. (ESL)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, Respondent/Plaintiff, 10 11 vs. 12 Gregory Thomas Young, Jr., 13 Movant/Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-10-2415-PHX-ROS (MHB) No. CR-07-1217-PHX-ROS ORDER 15 16 Pending before the Court is: (1) Movant/Defendant’s motion to vacate, set aside or 17 correct sentence (the “Motion”); and (2) the magistrate judge’s Report and Recommendation 18 (“R&R”). The Motion appears as Doc. 1 in civil case CV-10-2415 and Doc. 152 in criminal 19 case CR-07-1217. The R&R appears as Doc. 11 in civil case CV-10-2415. For the reasons 20 below, the R&R will be adopted in full. 21 A district judge “may accept, reject, or modify, in whole or in part, the findings or 22 recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has 23 filed timely objections to the magistrate judge's report and recommendations, the district 24 court’s review of the part objected to is to be de novo. Id.; see also United States v. Reyna- 25 Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 26 1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of 27 factual and legal issues is required if objections are made, but not otherwise.”) (internal 28 quotations and citations omitted). 1 2 The R&R was issued November 21, 2011. No objections being made, the Court will adopt the Report and Recommendation in full. 3 Accordingly, 4 IT IS ORDERED the Report and Recommendation (Doc. 11 in civil case CV-10- 5 2415) is ADOPTED IN FULL. 6 7 IT IS ORDERED Petitioner’s motion to vacate, set aside or correct sentence (Doc. 1 in civil case CV-10-2415) and (Doc. 152 in criminal case CR-07-1217) is DENIED. 8 IT IS ORDERED a Certificate of Appealability and leave to proceed in forma 9 pauperis on appeal is denied because jurists of reason would not find the ruling debatable, 10 and because Petitioner has not made a substantial showing of the denial of a constitutional 11 right. 12 DATED this 29th day of December, 2011. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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