Higuera-Aboite v. USA

Filing 15

ORDER the Report and Recommendation (Doc. 13 ) is ADOPTED and the Petition for Writ of Habeas Corpus (Doc. 4) is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 7/30/2015. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jose Alejandro Higuera-Aboite,
Petitioner,

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ORDER

v.

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No. CV-13-02462-PHX-ROS

USA,

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Respondent.

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On June 5, 2015, Magistrate Judge Eileen S. Willett issued a Report and

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Recommendation (“R&R”) recommending the amended petition for writ of habeas

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corpus be denied. (Doc. 13). No objections were filed.

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A district judge “may accept, reject, or modify, in whole or in part, the findings or

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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

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has filed timely objections to the magistrate judge’s R&R, the district court’s review of

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the part objected to is to be de novo. Id. If, however, no objections are filed, the district

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court need not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226

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(D. Ariz. 2003). No objections were filed and the R&R will be adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 13) is ADOPTED and

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the Petition for Writ of Habeas Corpus (Doc. 4) is DENIED and DISMISSED WITH
PREJUDICE.

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IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed

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in forma pauperis on appeal are DENIED because Petitioner has not made a substantial

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showing of the denial of a constitutional right.

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Dated this 30th day of July, 2015.

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Honorable Roslyn O. Silver
Senior United States District Judge

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