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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

No. CV15-1678 PHX DGC (ESW)
CR11-1622 PHX DGC

Plaintiff/Respondent,

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ORDER

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vs.

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Leonardo Rabanales-Casia,
Defendant/Movant.

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Defendant/Movant Leonardo Rabanales-Casia has filed a motion to vacate

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sentence pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Eileen S.

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

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be denied. Doc. 16. No objection has been filed, which relieves the Court of its

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obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003). The Court will accept the R&R and deny the motion.

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IT IS ORDERED:

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1.

The R&R (Doc.16) is accepted.

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2.

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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4.

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Dated this 1st day of May, 2017.

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The Clerk is directed to terminate this action.