Garcia-Vega v. USA
Filing
13
ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED the Report and Recommendation (Doc. 11 ) is ADOPTED and the Petition for Writ of Habeas Corpus (Doc. 1 ) 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 7/30/15. (KGM)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Jesus Gracielo Garcia-Vega,
Petitioner,
10
11
ORDER
v.
12
No. CV-14-00736-PHX-ROS
USA,
13
Respondent.
14
15
16
On June 12, 2015, Magistrate Judge John Z. Boyle issued a Report and
17
Recommendation (“R&R”) recommending the petition for writ of habeas corpus be
18
denied. (Doc. 11). No objections were filed.
19
A district judge “may accept, reject, or modify, in whole or in part, the findings or
20
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party
21
has filed timely objections to the magistrate judge’s R&R, the district court’s review of
22
the part objected to is to be de novo. Id. If, however, no objections are filed, the district
23
court need not conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226
24
(D. Ariz. 2003). No objections were filed and the R&R will be adopted in full.
25
Accordingly,
26
IT IS ORDERED the Report and Recommendation (Doc. 11) is ADOPTED and
27
28
the Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED WITH
PREJUDICE.
1
IT IS FURTHER ORDERED a Certificate of Appealability and leave to proceed
2
in forma pauperis on appeal are DENIED because Petitioner has not made a substantial
3
showing of the denial of a constitutional right.
4
Dated this 30th day of July, 2015.
5
6
7
Honorable Roslyn O. Silver
Senior United States District Judge
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?