Macias-Gomez v. USA

Filing 11

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 10 . Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28:2255 1 is DENIED WITH PREJUDICE; and the Clerk of the Court shall enter judgment accordingly. The Court denies issuance of a certificate of appealability. Signed by Senior Judge James A Teilborg on 11/5/13. (TLJ)

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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,

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Plaintiff/Respondent,
vs.

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Hector Macias-Gomez,
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Defendant/Movant.
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No.

CR 11-382-PHX-JAT
CV 13-0095-PHX-JAT (BSB)

ORDER

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Pending before the Court is Movant's Motion to Vacate, Set Aside or Correct Sentence
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pursuant to 28 U.S.C. § 2255 (Doc.1 1). The Magistrate Judge issued a Report and

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Recommendation (“R&R”) (Doc. 10) recommending that the Motion be denied.
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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts
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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not
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required to conduct “any review at all . . . of any issue that is not the subject of an objection”
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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
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banc) (“statute makes it clear that the district judge must review the magistrate judge’s
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findings and recommendations de novo if objection is made, but not otherwise” (emphasis
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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
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Accordingly,
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All document numbers are in the CV case number.

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 10)
is ACCEPTED and ADOPTED specifically:
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Movant’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28

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U.S.C. § 2255 (Doc. 1) is DENIED WITH PREJUDICE; and the Clerk of

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the Court shall enter judgment accordingly;

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the Court denies issuance of a certificate of appealability.

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DATED this 5th day of November, 2013.

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