Black v. USA

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Burns's R&R (Doc. 31 ) is accepted. Petitioner's Amended Motion to Vacate, Set Aside or Correct Sentence(Doc. 8 ) is denied and dismissed with prejudice. The Clerk of Court shall terminate this action and enter judgment accordingly. 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). Signed by Judge G Murray Snow on 3/16/16. (KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Cordae L. Black,
Petitioner,

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No. CV-15-00107-PHX-GMS
No. CR-09-1040-PHX-GMS
ORDER

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v.

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United States of America,

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Respondent.

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Pending before the Court are Plaintiff’s Amended Motion to Vacate or Correct

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Sentence and United States Magistrate Judge Michelle H. Burns’s Report and

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Recommendation (“R&R”). Docs. 8, 31. The R&R recommends that the Court deny the

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Motion and dismiss with prejudice. Doc. 31 at 15. The Magistrate Judge advised the

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parties that they had fourteen days to file objections to the R&R and that failure to file

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timely objections could be considered a waiver of the right to obtain review of the R&R.

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Id. at 15-16 (citing Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and deny the Motion and dismiss with prejudice.

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See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.

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P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended

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disposition; receive further evidence; or return the matter to the magistrate judge with

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instructions.”).

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IT IS ORDERED:

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Magistrate Judge Burns’s R&R (Doc. 31) is accepted.

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2.

Petitioner’s Amended Motion to Vacate, Set Aside or Correct Sentence

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(Doc. 8) is denied and dismissed with prejudice.
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The Clerk of Court shall terminate this action and enter judgment

accordingly.
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Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the

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event Movant files an appeal, the Court declines to issue a certificate of appealability

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because reasonable jurists would not find the Court’s procedural ruling debatable. See

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Slack v. McDaniel, 529 U.S. 473, 484 (2000).

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Dated this 16th day of March, 2016.

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Honorable G. Murray Snow
United States District Judge

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