Sanchez-Castaneda v. United States of America

Filing 8

ORDER ADOPTING AND ACCEPTING 7 Report and Recommendation of the Magistrate Judge. Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) is DENIED WITH PREJUDICE; and the Clerk shall enter judgmen t accordingly. IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2255 cases, in the event Movant files an appeal, the Court denies issuance of a certificate of appealability because denial of the Motion is based on a plain procedural bar and jurists of reason would not find this Courts procedural ruling debatable. Signed by Judge James A Teilborg on 6/21/12. (LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff/Respondent,
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vs.
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Jose Angel Sanchez-Castaneda,
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Defendant/Petitioner/Movant.)
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United States of America,

No

CV 11-1545-PHX-JAT (MHB)
CR 04-0011-PHX-JAT

ORDER

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Pending before the Court is Movant’s Motion to Vacate, Set Aside or Correct
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Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The Magistrate Judge issued a Report and
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Recommendation (“R&R”) (Doc. 7) recommending that the Motion be denied.
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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts
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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not
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required to conduct “any review at all . . . of any issue that is not the subject of an objection”
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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
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banc) (“statute makes it clear that the district judge must review the magistrate judge’s
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findings and recommendations de novo if objection is made, but not otherwise” (emphasis
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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
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Accordingly,
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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 7)
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is ACCEPTED and ADOPTED;
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IT IS FURTHER ORDERED that Movant’s Motion to Vacate, Set Aside or Correct

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Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) is DENIED WITH PREJUDICE; and the

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Clerk of the Court shall enter judgment accordingly.

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IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing

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Section 2255 cases, in the event Movant files an appeal, the Court denies issuance of a

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certificate of appealability because denial of the Motion is based on a plain procedural bar

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and jurists of reason would not find this Court’s procedural ruling debatable. See Slack v.

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McDaniel, 529 U.S. 473, 484 (2000).

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DATED this 21st day of June, 2012.

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