Bravo-Cuevas v. USA

Filing 25

ORDER adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court (Doc.# 23 in CV-12-02043-PHX-SRB). FURTHER ORDERED that Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody purs uant to 28 U.S.C. § 2255 is denied (Doc.# 151 in CR-02-01002-PHX-SRB). FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied because Movant has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 6/23/2014. (KMG)

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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,
Plaintiff/Respondent,

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v.

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No. CV-12-02043-PHX-SRB
CR02-01002-PHX-SRB
ORDER

David Casimiro Bravo-Cuevas,

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Defendant/Movant.

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Movant, David Casimiro Bravo-Cuevas, filed a Second Amended Motion to
Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 on July 1, 2013.

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The United States filed its response in opposition on February 11, 2014. Movant did not
file a reply.
The Magistrate Judge filed his Report and Recommendation on May 2, 2014
recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence be

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denied. In his Report and Recommendation the Magistrate Judge advised the parties that

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they had 14 days from the date of service of a copy of the Report and Recommendation

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within which to file specific written objections with the Court. The time to file such

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objections has expired and no objections to the Report and Recommendation have been
filed.

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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate

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Judge as the Order of this Court.

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

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Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 is denied.

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IT IS FURTHER ORDERED that a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal is denied because Movant has not made a

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substantial showing of the denial of a constitutional right.

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly

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Dated this 23rd day of June, 2014.

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