Rivera-Carrillo v. USA

Filing 11

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jesus Humberto Rivera-Carrillo,
Petitioner,

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ORDER

v.

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No. CV-13-00945-PHX-ROS

United States of America,

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Respondent.

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On January 10, 2014, Magistrate Judge David K. Duncan issued a Report and

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Recommendation (“R&R”) recommending Petitioner’s Motion to Vacate, Set Aside or

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Correct Sentence be denied. (Doc. 6). Shortly after the R&R was issued, Petitioner filed

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an “Amended Motion,” apparently trying to amend his original motion. On June 26,

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2014, the Court informed Petitioner he needed to obtain “permission from the Court

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before amending his [motion].” (Doc. 9). But construing Petitioner’s filing as a request

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to amend, the request was denied. (Doc. 9). Petitioner was then informed that if he

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wished to object to any portion of the R&R, he needed to do so within fourteen days of

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June 26, 2014.

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unopposed.

Petitioner made no further filings in this case, leaving the R&R

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

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has filed timely objections to an R&R, the district court’s review of the objected to

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portions must be de novo. Id. If, however, no objections are filed, the district court need

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not conduct any review. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (“[T]he district judge must review the magistrate judge’s findings and

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recommendations de novo if objection is made, but not otherwise.”). No objections

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having been filed, the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 6) is ADOPTED. The

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Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is DENIED. The Clerk of

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Court shall enter judgment accordingly.

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

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in forma pauperis on appeal are DENIED because denial of the motion is justified by a

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plain procedural bar and jurists of reason would not find the ruling debatable, or because

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Petitioner has not made a substantial showing of the denial of a constitutional right.

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Dated this 2nd day of September, 2014.

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Honorable Roslyn O. Silver
Senior United States District Judge

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