Verdugo-Munoz v. United States of America

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 : IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. §2255is denied (Doc. 1). (See document for further details). Signed by Judge Susan R Bolton on 3/29/12. (LAD)

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NOT FOR PUBLICATION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,
Plaintiff/Respondent,

10
11

vs.

12
Jose Antonio Verdugo-Munoz,
13
Defendant/Movant.
14

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

No. CV11-0437-PHX-SRB (ECV)
CR03-1161-PHX-SRB
ORDER

15
16
Movant, Jose Antonio Verdugo-Munoz, filed a Motion to Vacate, Set Aside, or
17
Correct Sentence pursuant to 28 U.S.C. § 2255 on March 7, 2011. The United States filed
18
its Response on April 28, 2011. Movant did not file a Reply.
19
The Magistrate Judge filed his Report and Recommendation on January 23, 2012
20
recommending that Movant’s Motion to Vacate, Set Aside or Correct Sentence by a Person
21
in Federal Custody pursuant to 28 U.S.C. §2255 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. On February 6, 2012 Movant filed
25
a document entitled "Notice of Appeal" which the Court interpreted as a request for
26
additional time to filed objections to the Report and Recommendation. On February 10,
27
2012 this Court issued an extending the time for which Movant could filed his objections to
28

1

the Report and Recommendation until March 26, 2012. The Court further advised Movant

2

that no further extensions would be granted. The time to file such objections has expired and

3

no objections to the Report and Recommendation have been filed.

4
5
6
7
8
9
10

The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge
as the order of this Court (Doc. 13).
IT IS FURTHER ORDERED that Movant’s Motion to Vacate, Set Aside or Correct
Sentence by a Person in Federal Custody pursuant to 28 U.S.C. §2255is denied (Doc. 1).
DATED this 29th day of March, 2012.

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