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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Respondent/Plaintiff,

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vs.

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Gregory Thomas Young, Jr.,
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Movant/Defendant.
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No. CV-10-2415-PHX-ROS (MHB)
No. CR-07-1217-PHX-ROS
ORDER

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Pending before the Court is: (1) Movant/Defendant’s motion to vacate, set aside or

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correct sentence (the “Motion”); and (2) the magistrate judge’s Report and Recommendation

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(“R&R”). The Motion appears as Doc. 1 in civil case CV-10-2415 and Doc. 152 in criminal

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case CR-07-1217. The R&R appears as Doc. 11 in civil case CV-10-2415. For the reasons

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below, the R&R will be adopted in full.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party has

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filed timely objections to the magistrate judge's report and recommendations, the district

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court’s review of the part objected to is to be de novo. Id.; see also United States v. Reyna-

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219,

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1226 (D. Ariz. 2003) (“Following Reyna-Tapia, this Court concludes that de novo review of

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factual and legal issues is required if objections are made, but not otherwise.”) (internal

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quotations and citations omitted).

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The R&R was issued November 21, 2011. No objections being made, the Court will
adopt the Report and Recommendation in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 11 in civil case CV-10-

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2415) is ADOPTED IN FULL.

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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.

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IT IS ORDERED a Certificate of Appealability and leave to proceed in forma

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pauperis on appeal is denied because jurists of reason would not find the ruling debatable,

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and because Petitioner has not made a substantial showing of the denial of a constitutional

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right.

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DATED this 29th day of December, 2011.

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