Leyva-Garcia v. USA

Filing 20

ORDER ACCEPTING REPORT AND RECOMMENDATION: The R&R (Doc. 19 ) is accepted. The amended motion to vacate sentence (Doc. 4 ) is dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 12/07/2015. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lamberto Leyva-Garcia,

No. CV15-0275 PHX DGC (JFM)
CR14-0157 PHX DGC

Movant/Defendant,

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ORDER

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v.

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United States of America,
Respondent/Plaintiff.

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Movant/Defendant Lamberto Leyva-Garcia has filed an amended motion to vacate

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sentence pursuant to 28 U.S.C. § 2255. Doc. 4. United States Magistrate Judge James F.

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Metcalf has issued a report and recommendation (“R&R”) recommending that the motion

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be dismissed with prejudice. Doc. 19. No objection has been filed, which relieves the

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Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328

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F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss the

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amended motion with prejudice.

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IT IS ORDERED:

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1.

The R&R (Doc. 19) is accepted.

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2.

The amended motion to vacate sentence (Doc. 4) is dismissed with
prejudice.

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3.

A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied

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4.

The Clerk is directed to terminate this action.

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Dated this 7th day of December, 2015.

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