Espinoza-Cuamea v. United States of America

Filing 13

ORDER that Magistrate Judge Aspey's 12 Report and Recommendation is accepted. Movant's 10 Amended Motion to Vacate, Set Aside or Correct Sentence is denied and dismissed with prejudice. The Clerk of Court shall terminate this action. A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right" pursuant to 28 U.S.C. § 2253(c)(2). Signed by Judge G Murray Snow on 12/5/2012. (LFIG)

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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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Ramon Adrian Espinoza-Cuamea,
Plaintiff,

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ORDER

v.

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No. CV-11-02398-PHX-GMS (MEA)

United States of America,,

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Defendant.

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

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Sentence and United States Magistrate Judge Mark E. Aspey’s Report and

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Recommendation (“R&R”). Docs. 10, 12. The R&R recommends that the Court deny

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and dismiss with prejudice. Doc. 12 at 9. 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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9-10 (citing Fed. R. Civ. P. 72(b); LRCiv 7.2; United States v. Reyna-Tapia, 328 F.3d

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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) (“does not . . . require any review at all . . . of any issue that is not the subject of

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an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any

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part of the magistrate judge’s disposition that has been properly objected to.”). The Court

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has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept

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the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district court
“may accept, reject, or modify, in whole or in part, the findings or recommendations
made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject,
or modify the recommended disposition; receive further evidence; or return the matter to
the magistrate judge with instructions.”).
IT IS ORDERED:
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Magistrate Judge Aspey’s R&R (Doc. 12) is accepted.

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Motion to Vacate, Set Aside or Correct Sentence (Doc. 10) is denied and

dismissed with prejudice.
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The Clerk of Court shall terminate this action.

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A certificate of appealability will not issue absent “a substantial showing of

the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).
Dated this 5th day of December, 2012.

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