Baires v. USA
Filing
33
ORDER accepting and adopting 32 Magistrate Judge's Report and Recommendation. The Petitioner's Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 8 ) is di smissed as untimely. The Clerk of the Court shall enter judgment accordingly. IT IS ORDERED that the Motion for Leave to Amend (Doc. 27 ) is denied. IT IS FURTHER ORDERED that no certificate of appealability shall be issued and that the petitione r is not entitled to appeal in forma pauperis because dismissal of the Petition is justified as untimely and reasonable jurists would not find this procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Paul G Rosenblatt on 1/4/16. (EJA)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
10
Jose Miguel Baires,
11
No. CV-14-00498-PHX-PGR
CR-10-01858-PHX-PGR
Petitioner,
12
v.
13
United States of America,
ORDER
14
Respondent.
15
16
17
The Court having reviewed de novo the Report and Recommendation (Doc. 32) of
18
Magistrate Judge Bridget S. Bade, filed on October 8, 2015, notwithstanding that no
19
party has filed an objection to the Report and Recommendation,
20
21
IT IS ORDERED that the Magistrate Judge’s Report and Recommendation
(Doc. 32) is accepted and adopted by the Court.
22
IT IS FURTHER ORDERED that the petitioner’s Amended Motion to Vacate, Set
23
Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255
24
(Doc. 8) is dismissed as untimely.
25
accordingly.
26
27
28
The Clerk of the Court shall enter judgment
IT IS FURTHER ORDERED that the Motion for Leave to Amend (Doc. 27) is
denied.
IT IS FURTHER ORDERED that no certificate of appealability shall be issued
1
and that the petitioner is not entitled to appeal in forma pauperis because dismissal of the
2
Petition is justified as untimely and reasonable jurists would not find this procedural
3
ruling debatable and because Petitioner has not made a substantial showing of the denial
4
of a constitutional right.
5
Dated this 4th day of January, 2016.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
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?