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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Fernando Jimenez-Santiz,
Petitioner,

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vs.

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United States of America,
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Respondent.
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No. CV-11-1551-PHX-FJM
No. CR-10-1511-PHX-FJM
ORDER

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The court has before it petitioner’s amended motion to vacate, set aside or correct

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sentence by a person in federal custody pursuant to 28 U.S.C. § 2255 (doc. 4), respondent’s

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response (doc. 6), and the report and recommendation of the United States Magistrate Judge

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(doc. 7). No objections to the report and recommendation were filed and the time for doing

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so has expired.

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The court accepts the recommended decision of the Magistrate Judge pursuant to Rule

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10, Rules Governing § 2255 Cases, and 28 U.S.C. § 636(b). Therefore, IT IS ORDERED

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DENYING the motion to vacate, set aside, or correct sentence (doc. 4). IT IS FURTHER

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ORDERED denying a certificate of appealability and leave to proceed in forma pauperis on

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appeal.

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DATED this 20th day of September, 2012.