Castillo v. USA

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATION 14 . Therefore, IT IS ORDERED DENYING the amended Motion to Vacate, Set Aside or Correct Sentence (doc. 5 ). Because petitioner has not made a substantial showing of the denial of a constitutional right an d because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Senior Judge Frederick J Martone on 7/16/13. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Eduardo Cruz Castillo,
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Plaintiff,
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vs.
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United States of America,
Defendant.

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No. CV-12-02169-PHX-FJM
ORDER

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The court has before it the petitioner’s first amended Motion to Vacate, Set Aside or

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Correct Sentence pursuant to 28 U.S.C. § 2255 (doc. 5), respondents’ response (doc. 13), and

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the Report and Recommendation of the United States Magistrate Judge recommending that

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the motion be denied (doc. 14). No objection to the Report and Recommendation was filed

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and the time for doing so has expired.

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The court accepts the recommended decision of the Magistrate Judge pursuant to Rule

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10, Rules Governing § 2255 Cases, and 28 U.S.C. § 636(b). Therefore, IT IS ORDERED

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DENYING the amended Motion to Vacate, Set Aside or Correct Sentence (doc. 5).

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Because petitioner has not made a substantial showing of the denial of a constitutional

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right and because the dismissal of the petition is justified by a plain procedural bar and jurists

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of reason would not find the procedural ruling debatable, IT IS FURTHER ORDERED

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DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal.

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DATED this 16th day of July, 2013.

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