Jimenez-Santiz v. United States of America

Filing 8

ORDER accepting Report and Recommendation 7 and DENYING the motion to vacate, set aside, or correct sentence 4 . ORDER denying a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Judge Frederick J Martone on 9/20/12. (TLJ)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Fernando Jimenez-Santiz, Petitioner, 10 11 vs. 12 United States of America, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-11-1551-PHX-FJM No. CR-10-1511-PHX-FJM ORDER 15 16 The court has before it petitioner’s amended motion to vacate, set aside or correct 17 sentence by a person in federal custody pursuant to 28 U.S.C. § 2255 (doc. 4), respondent’s 18 response (doc. 6), and the report and recommendation of the United States Magistrate Judge 19 (doc. 7). No objections to the report and recommendation were filed and the time for doing 20 so has expired. 21 The court accepts the recommended decision of the Magistrate Judge pursuant to Rule 22 10, Rules Governing § 2255 Cases, and 28 U.S.C. § 636(b). Therefore, IT IS ORDERED 23 DENYING the motion to vacate, set aside, or correct sentence (doc. 4). IT IS FURTHER 24 ORDERED denying a certificate of appealability and leave to proceed in forma pauperis on 25 appeal. 26 27 28 DATED this 20th day of September, 2012.

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