Bernal v. USA

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION: The R&R (Doc. 11 ) is accepted. Ground 1 of the Motion to Vacate Sentence (Doc. 1 ) is dismissed with prejudice. The remainder of the Motion to Vacate Sentence (Doc. 1 ) is denied. 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 12/7/15. (KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV15-0812 PHX DGC (JFM)

Richard D. Bernal,
Movant/Defendant,

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v.

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ORDER

United States of America,
Respondent/Plaintiff.

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Movant/Defendant Richard D. Bernal has filed a motion to vacate sentence

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pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Metcalf has issued

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a report and recommendation (“R&R”) recommending that Ground 1 of the motion be

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dismissed with prejudice and that the remainder of the motion be denied. Doc. 11. No

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objection has been filed, which relieves the Court of its obligation to review the R&R.

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See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149

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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court

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will accept the R&R and dismiss Ground 1 with prejudice and deny the remainder of the

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motion.

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IT IS ORDERED:

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1.

The R&R (Doc. 11) is accepted.

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2.

Ground 1 of the motion to vacate sentence (Doc. 1) is dismissed with
prejudice.

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3.

The remainder of the motion to vacate sentence (Doc. 1) is denied.

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3.

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

appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 7th day of December, 2015.

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