Vazquez v. USA

Filing 9

ORDER - The 8 Report and Recommendation is accepted. The 1 motion to vacate sentence is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied and the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 11/02/15. (ATD)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jose Carlos Vazquez, No. CV15-00181 PHX DGC (BSB) CR13-50056 PHX DGC Movant/Defendant, 10 ORDER 11 v. 12 United States of America, Respondent/Plaintiff. 13 14 15 Defendant Jose Carlos Vazquez has filed a motion to vacate sentence pursuant to 16 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Bridget S. Bade has issued a 17 report and recommendation (“R&R”) recommending that the motion be denied. Doc. 8. 18 No objection has been filed, which relieves the Court of its obligation to review the R&R. 19 See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 20 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court 21 will accept the R&R and deny the motion. 22 IT IS ORDERED: 23 1. The R&R (Doc. 8) is accepted. 24 2. The motion to vacate sentence (Doc. 1) is denied. 25 3. A certificate of appealability and leave to proceed in forma pauperis on 26 27 28 appeal are denied     1 4. The Clerk is directed to terminate this action. 2 Dated this 2nd day of November, 2015. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 2 ‐ 

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