Rabanales-Casia v. USA

Filing 17

ORDER ADOPTING 16 Report and Recommendation. 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 5/1/17. (LSP)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, No. CV15-1678 PHX DGC (ESW) CR11-1622 PHX DGC Plaintiff/Respondent, 10 ORDER 11 vs. 12 Leonardo Rabanales-Casia, Defendant/Movant. 13 14 Defendant/Movant Leonardo Rabanales-Casia has filed a motion to vacate 15 sentence pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Eileen S. 16 Willett has issued a report and recommendation (“R&R”) recommending that the motion 17 be denied. Doc. 16. No objection has been filed, which relieves the Court of its 18 obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); 19 Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 20 1121 (9th Cir. 2003). The Court will accept the R&R and deny the motion. 21 IT IS ORDERED: 22 1. The R&R (Doc.16) is accepted. 23 2. The motion to vacate sentence (Doc. 1) is denied. 24 3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied 25 26 4. 27 Dated this 1st day of May, 2017. 28 The Clerk is directed to terminate this action.

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