Rayas-Espinoza v. USA
ORDER ACCEPTING REPORT AND RECOMMENDATION 7 : Petitioner's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1 ) is denied and dismissed with prejudice. The Clerk of Court shall terminate this action and enter judgment according ly. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for further details). Signed by Judge G Murray Snow on 3/18/16. (LAD)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Pending before the Court is Petitioner’s Motion to Vacate, Set Aside or Correct
Sentence and United States Magistrate Judge Eileen S. Willett’s Report and
Recommendation (“RARE”). Docs. 1, 7. The R&R recommends that the Court deny the
Motion and dismiss with prejudice. Doc. 7 at 12. The Magistrate Judge advised the
parties that they had fourteen days to file objections to the R&R and that failure to file
timely objections could be considered a waiver of the right to obtain review of the R&R.
Id. at 12 (citing Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and will deny the Motion and dismiss with
prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate”);
Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the
recommended disposition; receive further evidence; or return the matter to the magistrate
judge with instructions.”).
IT IS ORDERED:
Magistrate Judge Willett’s R&R (Doc. 7) is accepted.
Petitioner’s Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is
denied and dismissed with prejudice.
The Clerk of Court shall terminate this action and enter judgment
Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the
event Movant files an appeal, the Court declines to issue a certificate of appealability
because reasonable jurists would not find the Court’s procedural ruling debatable. See
Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Dated this 18th day of March, 2016.
Honorable G. Murray Snow
United States District Judge
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