Orona v. USA

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION of the Magistrate Judge 21 as the Order of this Court; Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 1 is denied; Movant&# 039;s Motions for Certificate of Appealability 12 and 23 are denied. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied. IT IS FURTHER ORDERED denying as moot Movant's Notice of Submitted Matter 22 . IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly Signed by Judge Susan R Bolton on 4/18/2014. (ALS)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Selso Randy Orona,
Movant/Defendant,

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v.

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No. CV-13-01625-PHX-SRB
CR11-00856-PHX-SRB
ORDER

United States of America,

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Respondent/Plaintiff.

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Movant, Selso Randy Orona, filed a Motion Under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody on August 9, 2013. The

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United States filed its response in opposition on November 25, 2013. Movant filed his

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amended reply on February 18, 2014. Movant also filed a Motion for Certificate of

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Appealability on December 20, 2013. Respondent filed its response on February 11,

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2014 and Movant filed his reply on February 26, 2014. On March 28, 2014 Movant filed

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a second Motion for Certificate of Appealability.
The Magistrate Judge filed his Report and Recommendation on March 19, 2014
recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence pursuant

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to 28 U.S.C. § 2255 be denied. He further recommended that Movant’s Motion for
Certificate of Appealability filed December 30, 2013 be denied.

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In his Report and Recommendation the Magistrate Judge advised the parties that
they had 14 days from the date of service of a copy of the Report and Recommendation

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within which to file specific written objections with the Court. The time to file such
objections has since expired and no objections to the Report and Recommendation have
been filed.

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The Court finds itself in agreement with the Report and Recommendation of the

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Magistrate Judge.

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the Order of this Court. (Doc. 21)

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IT IS FURTHER ORDERED that Movant’s Motion to Vacate, Set Aside or

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Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 is denied.

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(Doc. 1)

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IT IS FURTHER ORDERED that Movant’s Motions for Certificate of

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Appealability are denied. (Docs. 12 and 23)

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

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proceed in forma pauperis on appeal is denied because Movant has not made a
substantial showing of the denial of a constitutional right.

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IT IS FURTHER ORDERED denying as moot Movant’s Notice of Submitted
Matter. (Doc. 22)

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///

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///

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly

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Dated this 18th day of April, 2014.

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