Sarabia-Labrador v. USA

Filing 17

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION, that Movant's Second Amended Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 10 ) is DENIED WITH PREJUDICE; and the Clerk of the Court shall enter judgment accordingly. IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing Section 2255 Proceedings, in the event Movant files an appeal, the Court denies issuance of a certificate of appealability because Movant has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 06/10/15. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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USA,
Plantiff/Respondent,

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CV-13-02193-PHX-JAT
CR-12-00417-PHX-JAT
ORDER

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v.

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Felipe Sarabia-Labrador,

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Defendant/Movant.

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Pending before the Court is Movant’s Second Amended Motion to Vacate, Set
Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 10). The Magistrate Judge
to whom this case was assigned issued a Report and Recommendation (R&R) (Doc. 16)
recommending that this Court deny the Motion.

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Neither party has filed objections to the R&R. Accordingly, the Court hereby

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accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district

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courts are not required to conduct “any review at all . . . of any issue that is not the

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subject of an objection”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (en banc) (“statute makes it clear that the district judge must review the magistrate

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judge’s findings and recommendations de novo if objection is made, but not otherwise”

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(emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D.

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Ariz. 2003).

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Accordingly,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.
16) is ACCEPTED and ADOPTED;

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IT IS FURTHER ORDERED that Movant’s Second Amended Motion to
Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 10) is
DENIED WITH PREJUDICE; and the Clerk of the Court shall enter judgment
accordingly.
IT IS FINALLY ORDERED that pursuant to Rule 11 of the Rules Governing

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Section 2255 Proceedings, in the event Movant files an appeal, the Court denies issuance

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of a certificate of appealability because Movant has not made a substantial showing of the

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denial of a constitutional right.

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Dated this 10th day of June, 2015.

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