Bolanos-Nunez v. USA

Filing 31

ORDER that Magistrate Judge Willett's R&R (Doc. 30 ) is accepted. Petitioner's Amended Motion to Vacate, Set Aside or Correct Sentence (Doc. 9 ) is dismissed with prejudice. Petitioner's Motion to Vacate Hearing and Dismiss (Doc. [2 9]) is granted. The Clerk of Court shall terminate this action and the Motion to Vacate (Doc. 24 ) in CR-12-00199-PHX-GMS and enter judgment accordingly. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Courts procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Judge G Murray Snow on 6/23/15.(KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Oscar Bolanos-Nunez,
Petitioner,

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v.

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No. CV-13-01088-PHX-GMS
No. CR-12-00199-PHX-GMS

USA,

ORDER

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Respondent.

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Pending before the Court are Petitioner’s Amended Motion to Vacate, Set Aside

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or Correct Sentence, Motion to Dismiss and United States Magistrate Judge Eileen S.

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Willett’s Report and Recommendation (“R&R”).

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recommends that the Court grant the Motion to Dismiss and dismiss the Amended

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Motion to Vacate with prejudice. Doc. 30 at 3. The Magistrate Judge advised the parties

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that they had fourteen days to file objections to the R&R and that failure to file timely

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objections could be considered a waiver of the right to obtain review of the R&R. Id. at 3

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(citing Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003)).

Docs. 9, 29, 30.

The R&R

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and grant the Motion to Dismiss and dismiss the

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Motion to Vacate with prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court

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“may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject,

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or modify the recommended disposition; receive further evidence; or return the matter to

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the magistrate judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Willett’s R&R (Doc. 30) is accepted.

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2.

Petitioner’s Amended Motion to Vacate, Set Aside or Correct Sentence

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(Doc. 9) is dismissed with prejudice.

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3.

Petitioner’s Motion to Vacate Hearing and Dismiss (Doc. 29) is granted.

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4.

The Clerk of Court shall terminate this action and the Motion to Vacate

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(Doc. 24) in CR-12-00199-PHX-GMS and enter judgment accordingly.
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Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the

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event Petitioner files an appeal, the Court declines to issue a certificate of appealability

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because reasonable jurists would not find the Court’s procedural ruling debatable. See

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Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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Dated this 23rd day of June, 2015.

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Honorable G. Murray Snow
United States District Judge

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