Pita-Mota v. USA
ORDER ACCEPTING 6 Magistrate Judge Burns' Report and Recommendation. Petitioner's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1 ) is denied and dismissed with prejudice. The Clerk shall terminate this action. 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. Signed by Judge G Murray Snow on 12/5/14. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jose Luis Pita-Mota,
Pending before the Court are Petitioner’s Motion to Vacate, Set Aside or Correct
Sentence by a Person in Federal Custody and United States Magistrate Judge Michelle H.
Burns’ Report and Recommendation (“R&R”). Docs. 1, 6. The R&R recommends that
the Court deny the Motion and dismiss with prejudice. Doc. 6 at 6. The Magistrate
Judge advised the parties that they had fourteen days to file objections to the R&R and
that failure to file timely objections could be considered a waiver of the right to obtain
review of the R&R. Id. at 6 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia,
328 F.3d 1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and deny the Motion and dismiss with prejudice.
See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.
P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter to the magistrate judge with
IT IS ORDERED:
Magistrate Judge Burns’ R&R (Doc. 6) is accepted.
Petitioner’s Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is
denied and dismissed with prejudice.
The Clerk of Court shall terminate this action.
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 Court’s procedural ruling debatable. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Dated this 5th day of December, 2014.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?