Muniz-Chaidez v. USA

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Burns' Report and Recommendation 7 is accepted; Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence 1 is dismissed with prejudice; the Clerk shall terminate this action; in the event Movant files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable, re: CR 11-1021-PHX-PGR. Signed by Judge G Murray Snow on 3/25/13. (REW)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, 10 Plaintiff, 11 vs. 12 No. CV 12-2481-PHX-GMS CR 11-1021-PHX-GMS Juan Manuel Muniz-Chaidez, 13 ORDER Defendant/Movant. 14 15 16 Pending before the Court are Defendant/Movant’s Juan Manuel Muniz-Chaidez 17 Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence and United 18 States Magistrate Judge Michelle H. Burns’ Report and Recommendation (“R&R”). 19 Docs. 1, 7. The R&R recommends that the Court deny the motion and dismiss with 20 prejudice. Doc. 7 at 2. The Magistrate Judge advised the parties that they had fourteen 21 days to file objections to the R&R and that failure to file timely objections could be 22 considered a waiver of the right to obtain review of the R&R. Id. at 2-3 (citing 28 23 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b), 72; United States v. Reyna-Tapia, 328 F.3d 24 1114, 1121 (9th Cir. 2003)). 25 The parties did not file objections, which relieves the Court of its obligation to 26 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 27 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 28 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must TERMPSREF 1 determine de novo any part of the magistrate judge’s disposition that has been properly 2 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 3 taken. The Court will accept the R&R and deny the motion and dismiss with prejudice. 4 See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in 5 whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. 6 P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended 7 disposition; receive further evidence; or return the matter to the magistrate judge with 8 instructions.”). 9 IT IS ORDERED: 10 1. Magistrate Judge Burns’ R&R (Doc. 7) is accepted. 11 2. Petitioner’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or 12 Correct Sentence (Doc. 1) is dismissed with prejudice. 13 3. The Clerk of Court shall terminate this action. 14 4. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the 15 event Movant files an appeal, the Court declines to issue a certificate of appealability 16 because reasonable jurists would not find the Court’s procedural ruling debatable. See 17 Slack v. McDaniel, 529 U.S. 473, 484 (2000). 18 Dated this 25th day of March, 2013. 19 20 21 22 23 24 25 26 27 28 TERMPSREF -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?