Pita-Mota v. USA

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION. Respondent's Motion for Reconsideration 11 is granted; the Report & Recommendation 6 is accepted and Petitioner's Motion to Vacate, Set Aside or Correct Sentence 1 is denied and dismissed with prejudice, as detailed in the Court's Order 7 ; Petitioner's Motion for Leave to Amend 14 is denied as moot; the Clerk shall terminate this action; in the event Movant files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 7/28/15. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jose Luis Pita-Mota,

No. CV-13-02141-PHX-GMS
Petitioner,

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v.

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No. CR-09-1114-PHX-GMS

USA,

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ORDER

Respondent.
This action was initially filed on October 21, 2013 on a Motion to Vacate, Set
Aside or Correct Sentence (Doc. 1).

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On November 12, 2014, Magistrate Judge Burns issued a Report and

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Recommendation (“R&R”) (Doc. 6). After the time to respond and/or object to the R&R

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had expired, on December 5, 2014, the Court issued its Order accepting the R&R and

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directing the Clerk of Court to enter Judgment (Docs. 7, 8). On May 11, 2015, five

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months later, Petitioner filed a Motion to Vacate Clerk’s Judgment and after its initial

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review, but before Respondent was able to respond, the Court entered an Order (Doc. 10)

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vacating its initial order accepting the R&R and reopening the action. Petitioner was

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given until July 10, 2015 to file a response and/or objection to the R&R. On May 21,

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2015, the Respondent filed a Motion for Reconsideration and Response to the Motion to

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Vacate (Doc. 11). The Court then directed Petitioner to respond to the Motion for

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Reconsideration by June 17, 2015 (Doc. 13). Instead of responding, on June 22, 2015,

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Petitioner filed a Motion for Leave to Amend and Memorandum (Docs. 14, 16).

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Petitioner did not file a response to the Motion for Reconsideration until July 20, 2015

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(Doc. 22) and never filed a response and/or objection to the R&R which was due on July

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10, 205. In light of this,

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IT IS ORDERED as follows:

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1.

Respondent’s Motion for Reconsideration (Doc. 11) is granted.

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2.

The R&R (Doc. 6) is accepted and Petitioner’s Motion to Vacate, Set

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Aside or Correct Sentence (Doc. 1) is denied and dismissed with prejudice, as detailed

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in the Court’s Order (Doc. 7).

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3.

Petitioner’s Motion to for Leave to Amend (Doc. 14) is denied as moot.

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4.

The Clerk of Court shall terminate this action.

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5.

Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the

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event Movant 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 28th day of July, 2015.

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Honorable G. Murray Snow
United States District Judge

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