Robledo-Barrios v. USA

Filing 7

ORDER adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court 6 . FURTHER ORDERED denying Movant's Motion 1 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc.# 37 in CR-12-01563-PHX-SRB.) IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal. The dismissal of the Petition is justified by a plain procedural bar and jurists of reason would n ot find the procedural ruling debatable and because Petitioner has not made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 4/6/2015. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff,

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v.

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No. CV-14-01593-PHX-SRB (MEA)
CR-12-01563-PHX-SRB
ORDER

Eugenio Robledo-Barrios,

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Defendant/Movant.

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Movant, Eugenio Robledo-Barrios, filed a Motion to Vacate, Set Aside, or Correct

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Sentence pursuant to 28 U.S.C. § 2255 on July 14, 2014. The United States filed its

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response in opposition on February 4, 2015. Movant did not file a reply.

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The Magistrate Judge filed the Report and Recommendation on March 16, 2015

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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
time to file such objections has 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

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Judge as the Order of this Court.

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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. The dismissal of the Petition is justified by a plain

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procedural bar and jurists of reason would not find the procedural ruling debatable and

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because Petitioner has not made a substantial showing of the denial of a constitutional

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right

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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Dated this 6th day of April, 2015.

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