Thomas v. USA

Filing 19

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Augustine Bernal Thomas, Defendant/Movant, 10 11 v. 12 No. CV13-02299-PHX-SRB(MEA) CR10-00927-PHX-SRB United States of America, 13 Respondent. 14 15 16 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 17 18 19 20 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 21 22 denied. In the Report and Recommendation, the Magistrate Judge advised the parties that 23 they had fourteen days from the date of service of a copy of the Report and 24 Recommendation within which to file specific written objections with the Court. The 25 26 27 28 time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. 1 2 The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. 3 4 5 6 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 7 8 Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255. 9 IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to 10 proceed in forma pauperis on appeal because Movant has not made a substantial showing 11 of the denial of a constitutional right. 12 13 14 IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Dated this 3rd day of November, 2014. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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