Elizondo v. United States of America

Filing 6

ORDER ACCEPTING REPORT AND RECOMMENDATIONS 5 . 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 1/30/12. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV11-0894 PHX DGC (ECV)
CR05-0683 PHX DGC

Lorenzo Elizondo,
Petitioner,

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ORDER

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vs.

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United States of America,
Respondent.

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Petitioner Lorenzo Elizondo has filed a motion to vacate sentence pursuant to

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28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Edward C. Voss has issued a

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report and recommendation (“R&R”) recommending that the motion be denied. Doc. 5.

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No objection has been filed, which relieves the Court of its obligation to review the R&R.

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See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149

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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court

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will accept the R&R and deny the motion.

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IT IS ORDERED:

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1.

The R&R (Doc. 5) is accepted.

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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

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appeal are denied

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4.

The Clerk is directed to terminate this action.

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Dated this 30th day of January, 2012.

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