Rivera-Carrillo v. USA
ORDER the 6 Report and Recommendation is ADOPTED. The 1 Motion to Vacate, Set Aside or Correct Sentence is DENIED. The Clerk of Court shall enter judgment accordingly. ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED. Signed by Senior Judge Roslyn O Silver on 9/2/2014. (LFIG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jesus Humberto Rivera-Carrillo,
United States of America,
On January 10, 2014, Magistrate Judge David K. Duncan issued a Report and
Recommendation (“R&R”) recommending Petitioner’s Motion to Vacate, Set Aside or
Correct Sentence be denied. (Doc. 6). Shortly after the R&R was issued, Petitioner filed
an “Amended Motion,” apparently trying to amend his original motion. On June 26,
2014, the Court informed Petitioner he needed to obtain “permission from the Court
before amending his [motion].” (Doc. 9). But construing Petitioner’s filing as a request
to amend, the request was denied. (Doc. 9). Petitioner was then informed that if he
wished to object to any portion of the R&R, he needed to do so within fourteen days of
June 26, 2014.
Petitioner made no further filings in this case, leaving the R&R
A district judge “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party
has filed timely objections to an R&R, the district court’s review of the objected to
portions must be de novo. Id. If, however, no objections are filed, the district court need
not conduct any review. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
2003) (“[T]he district judge must review the magistrate judge’s findings and
recommendations de novo if objection is made, but not otherwise.”). No objections
having been filed, the R&R will be adopted in full.
IT IS ORDERED the Report and Recommendation (Doc. 6) is ADOPTED. The
Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is DENIED. The Clerk of
Court shall enter judgment accordingly.
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed
in forma pauperis on appeal are DENIED because denial of the motion is justified by a
plain procedural bar and jurists of reason would not find the ruling debatable, or because
Petitioner has not made a substantial showing of the denial of a constitutional right.
Dated this 2nd day of September, 2014.
Honorable Roslyn O. Silver
Senior United States District Judge
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