Mountain v. Burke et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 17 . ORDER that Movant's Motion to Vacate, Set Aside, or Correct Sentence is dismissed 1 . ORDER that the Petition for Writ of Error Coram Nobis is denied 8 . Signed by Judge Susan R Bolton on 8/7/12. (TLJ)

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1 NOT FOR PUBLICATION 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, Plaintiff-Respondent, 10 11 vs. 12 Monique Pierette Mountain, 13 Defendant-Movant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV11-0635-PHX-SRB CR93-0158-PHX-SRB ORDER 15 16 Movant, Monique Pierette Mountain, filed a Motion to Vacate, Set Aside, or Correct 17 Sentence pursuant to 28 U.S.C. ยงยง 1651 and 2255 on March 31, 2011. The Movant was 18 allowed to file a supplemental memorandum and on June 7, 2011 filed a Petition for Writ of 19 Error Coram Nobis. The United States filed its response in opposition on September 6, 2011 20 and Movant filed her reply on November 22, 2011. 21 The Magistrate Judge filed his Report and Recommendation on July 19, 2012 22 recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence be dismissed 23 and the Petition for Writ of Error Coram Nobis be denied. 24 In his Report and Recommendation the Magistrate Judge advised the parties that they 25 had 14 days from the date of service of a copy of the Report and Recommendation within 26 which to file specific written objections with the Court. The time to file such objections has 27 expired and no objections to the Report and Recommendation have been filed. 28 1 2 3 4 5 6 7 8 9 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. IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence is dismissed. (Doc. 1) IT IS FURTHER ORDERED that Movant's Petitioner for Writ of Error Coram Nobis is denied. (Doc. 8) DATED this 7th day of August, 2012. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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