Schaffer v. United States of America

Filing 8

ORDER - The R&R (Doc. 7) is accepted. The government's motion to dismiss (Doc. 5) is granted. The motion to vacate sentence (Doc. 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 9/8/2011. (KMG)

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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,

No. CR05-0870 PHX DGC
CV11-0223 PHX DGC

Plaintiff/Respondent,

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ORDER

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vs.

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James R. Schaffer,
Defendant/Movant.

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Defendant/Movant James R. Schaffer has filed a motion to vacate sentence

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pursuant to 28 U.S.C. § 2255 (Doc. 1), the government has filed a motion to dismiss the

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motion to vacate sentence (Doc. 5), and United States Magistrate Judge David K. Duncan

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has issued a report and recommendation (“R&R”) recommending that the government’s

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motion to dismiss be granted and Defendant/Movant’s motion to vacate sentence be

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denied. Doc. 7. No objection has been filed, which relieves the Court of its obligation to

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review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn,

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474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003). The Court will accept the R&R, grant the government’s motion to dismiss and

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deny Defendant/Movant’s motion to vacate sentence.

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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 government’s motion to dismiss (Doc. 5) is granted.

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2.

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

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3.

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 8th day of September, 2011.

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