Feliciano v. USA

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION. The 12 Report and Recommendation is accepted, the motion to vacate sentence 1 is denied and dismissed; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied; the Clerk is directed to terminate this action, re: CR 08-932-PHX-DGC. Signed by Judge David G Campbell on 5/3/13. (REW)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 8 FOR THE DISTRICT OF ARIZONA No. CV12-01650 PHX DGC (SPL) CR08-00932 PHX DGC Plaintiff/Respondent, ORDER United States of America, 9 10 v. 11 Julio Cesar Feliciano, Jr., Defendant/Movant. 12 13 Defendant/Movant Julio Cesar Feliciano, Jr. has filed a motion to vacate sentence 14 pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Steven P. Logan 15 has issued a report and recommendation (“R&R”) recommending that the motion be 16 denied. Doc. 12. No objection has been filed, which relieves the Court of its obligation 17 to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 18 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 19 2003). The Court will accept the R&R and deny the motion. 20 IT IS ORDERED: 21 1. The R&R (Doc. 12) is accepted. 22 2. The motion to vacate sentence (Doc. 1) is denied and dismissed. 23 3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied 24 25 4. 26 Dated this 3rd day of May, 2013. 27 28 The Clerk is directed to terminate this action.

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