Thomas v. USA
Filing
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ORDER ADOPTING 16 Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED denying Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDER ED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal because Movant has not made a substantial showing of the denial of a constitutional right. The Clerk shall enter judgment. Signed by Judge Susan R Bolton on 11/3/14. (LSP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Augustine Bernal Thomas,
Defendant/Movant,
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v.
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No. CV13-02299-PHX-SRB(MEA)
CR10-00927-PHX-SRB
United States of America,
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Respondent.
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Movant, Augustine Bernal Thomas, filed a Motion to Vacate, Set Aside, or
Correct Sentence pursuant to 28 U.S.C. § 2255 on November 8, 2013. The United
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States filed its response in opposition on August 28, 2014. Movant did not file a reply.
The Magistrate Judge filed the Report and Recommendation on October 7, 2014
recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence be
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denied. In the Report and Recommendation, the Magistrate Judge advised the parties that
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they had fourteen days from the date of service of a copy of the Report and
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Recommendation within which to file specific written objections with the Court. The
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time to file such objections has long 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
Magistrate Judge.
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IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the Order of this Court.
IT IS FURTHER ORDERED denying 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.
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IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to
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proceed in forma pauperis on appeal because Movant has not made a substantial showing
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of the denial of a constitutional right.
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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.
Dated this 3rd day of November, 2014.
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