Ramirez-Valadez v. United States of America

Filing 7

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATIONS 6 . IT IS FURTHER ORDERED that 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 of the Court s hall enter judgment accordingly. IT IS FURTHER ORDERED, consistent with the unobjected-to recommendation in the R&R, and in the event movant files an appeal, the Court denies issuance of a certificate of appealability because jurists of reason would not find the procedural rulings debatable and Movant has not made a substantial showing of the denial of a constitutional right on the remaining claims. (See document for full details). Signed by Judge James A Teilborg on 4/12/12. (LAD)

1

WO

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
Armando Ramirez-Valadez
13
Defendant/Movant.
14

)
)
)
)
)
)
)
)
)
)
)
)

No.

CV 11-1553-PHX-JAT (JFM)
CR 07-0798-PHX-JAT

ORDER

15
Pending before the Court is Movant's Motion to Vacate, Set Aside or Correct Sentence
16
pursuant to 28 U.S.C. § 2255 (Doc. 1). The Magistrate Judge issued a Report and
17
Recommendation (“R&R”) (Doc. 6) recommending that the Motion be denied.
18
Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts
19
the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not
20
required to conduct “any review at all . . . of any issue that is not the subject of an objection”
21
(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
22
banc) (“statute makes it clear that the district judge must review the magistrate judge’s
23
findings and recommendations de novo if objection is made, but not otherwise” (emphasis
24
in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
25
Accordingly,
26
IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 6)
27
is ACCEPTED and ADOPTED;
28

1

IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside or Correct

2

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

3

Clerk of the Court shall enter judgment accordingly.

4

IT IS FURTHER ORDERED, consistent with the unobjected-to recommendation

5

in the R&R, and in the event movant files an appeal, the Court denies issuance of a certificate

6

of appealability because jurists of reason would not find the procedural rulings debatable and

7

Movant has not made a substantial showing of the denial of a constitutional right on the

8

remaining claims.

9

DATED this 12th day of April, 2012.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-