Burruel v. United States of America

Filing 7

ORDER adopting the 6 Report and Recommendations of the Magistrate Judge as the order of this Court; that Respondent's Motion to Vacate, Set Aside, or Correct Sentence is denied and dismissed with prejudice. Signed by Judge Susan R Bolton on 05/13/11. (ESL)

1

NOT FOR PUBLICATION

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

United States of America,
Petitioner,

10
11

vs.

12
Peter Frank Burruel,
13
Respondent.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CR09-0396-PHX-SRB
CV11-0122-PHX-BRB
ORDER

15
16
17
Respondent, Peter Frank Burruel, filed a Motion to Vacate, Set Aside, or Correct
18
Sentence pursuant to 28 U.S.C. § 2255 on January 18, 2011. Petitioner filed its response in
19
opposition on March 7, 2011. Respondent did not file a reply.
20
The Magistrate Judge filed his Report and Recommendation on April 18, 2011
21
recommending that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence be denied.
22
In his Report and Recommendation the Magistrate Judge advised the parties that they
23
had 14 days from the date of service of a copy of the Report and Recommendation within
24
which to file specific written objections with the Court. The time to file such objections has
25
expired and no objections to the Report and Recommendation have been filed.
26
The Court finds itself in agreement with the Report and Recommendation of the
27
Magistrate Judge.
28

1
2
3
4

IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge
as the order of this Court.
IT IS FURTHER ORDERED that Respondent's Motion to Vacate, Set Aside, or
Correct Sentence is denied and dismissed with prejudice.

5
6

DATED this 13th day of May, 2011.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-