Alonzo v. United States of America

Filing 11

ORDER ACCEPTING REPORT AND RECOMMENDATION and Petitioner's Motion to Vacate, Set Aside or Correct Sentence 1 is denied. The Clerk of Court shall terminate this action. Any appeal of this decision would not be taken in good faith. Signed by Judge G Murray Snow on 2/26/13. (TLJ)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

No. CV-11-02171-PHX-GMS (ECV)
No. CR-10-1431-PHX-GMS

Plaintiff/Respondent,

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ORDER

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v.

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Luis Arturo Alonzo,

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Defendant/Petitioner.

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Pending before the Court are Petitioner’s Motion to Vacate, Set Aside or Correct

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Sentence pursuant to 28 U.S.C. § 2225 and United States Magistrate Judge Edward C.

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Voss’s Report and Recommendation (“R&R”). Docs. 1, 10. The R&R recommends that

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the Court deny the Motion. Doc. 10 at 10. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R and that failure to file timely

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objections could be considered a waiver of the right to obtain review of the R&R. Id. at

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10 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(b), 72; United States v. Reyna-Tapia,

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328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

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district judge may accept, reject, or modify the recommended disposition; receive further

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evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED:

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1.

Magistrate Judge Voss’s R&R (Doc. 10) is accepted.

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2.

Petitioner’s Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is

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denied.

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3.

The Clerk of Court shall terminate this action.

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4.

The docket shall reflect that the Court certifies, pursuant to 28 U.S.C.

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§ 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of

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this decision would not be taken in good faith.

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Dated this 26th day of February, 2013.

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