Terrell v. USA

Filing 10

ORDER that the 8 Report and Recommendation of Magistrate Judge Aspey to deny and dismiss Petitioner's motion under 28 U.S.C. § 2255 is accepted. ORDERED that Petitioner's 4 Amended Motion Under 28 U.S.C. § 2255 to Vac ate, Set Aside or Correct Sentence by Person in Federal Custody is denied and dismissed. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action. Signed by Judge Neil V Wake on 7/21/2014. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rayford L. Terrell,
Petitioner,

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v.

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No. CV-13-01698-PHX-NVW
CR-05-00923-01-PHX-NVW

United States of America,

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ORDER

Respondent.

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Before the Court are Petitioner’s Amended Motion Under 28 U.S.C. § 2255 to

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Vacate, Set Aside or Correct Sentence by Person in Federal Custody (Doc. 4), United

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States Magistrate Judge Aspey’s Report and Recommendation (Doc. 8) and Petitioner’s

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Objections to the Magistrate’s Report and Recommendation (Doc. 9)

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The Court has considered Petitioner’s objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the Court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made).

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magistrate judge’s recommended disposition within the meaning of Rule 72(b), Fed. R.

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Civ. P., and overrules Petitioner’s objections. See 28 U.S.C. § 636(b)(1) (stating that the

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

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recommendations made by the magistrate”).

The Court accepts the

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IT IS THEREFORE ORDERED that the Report and Recommendation of

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Magistrate Judge Aspey (Doc. 8) to deny and dismiss Petitioner’s motion under 28

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U.S.C. § 2255 is accepted.

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IT IS FURTHER ORDERED that Petitioner’s Amended Motion Under 28 U.S.C.

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§ 2255 to Vacate, Set Aside or Correct Sentence by Person in Federal Custody (Doc. 4) is

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denied and dismissed.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly and terminate this action.
Dated this 21st day of July, 2014.

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