Contreras-Ramirez v. USA

Filing 27

ORDER ACCEPTING 24 Judge Bade's REPORT AND RECOMMENDATION. The Government's Motion to Dismiss Movant's claims of ineffective assistance of counsel (Doc. 22 ) is granted. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Judge G Murray Snow on 11/14/16. (EJA)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Rodrigo Contreras-Ramirez, Defendant/Movant, 10 11 ORDER v. 12 No. CV-15-01692-PHX-GMS (BSB) USA, 13 Plaintiff/Respondent. 14 15 16 Pending before the Court is the Government’s Motion to Dismiss Movant’s claims 17 of ineffective assistance of counsel and United States Magistrate Judge Bridget S. Bade’s 18 Report and Recommendation (“R&R”). Docs. 2, 24. The R&R recommends that the 19 Court grant the Motion. Doc. 24 at 3. The Magistrate Judge advised the parties that they 20 had fourteen days to file objections to the R&R and that failure to file timely objections 21 could be considered a waiver of the right to obtain review of the R&R. Id. at 16 (citing 22 Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 23 Cir. 2003)). 24 The parties did not file objections, which relieves the Court of its obligation to 25 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 26 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 27 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 28 determine de novo any part of the magistrate judge’s disposition that has been properly 1 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 2 taken. The Court will accept the R&R and grant the Motion. See 28 U.S.C. § 636(b)(1) 3 (stating that the district court “may accept, reject, or modify, in whole or in part, the 4 findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 5 district judge may accept, reject, or modify the recommended disposition; receive further 6 evidence; or return the matter to the magistrate judge with instructions.”). 7 IT IS ORDERED: 8 1. Magistrate Judge Bade’s R&R (Doc. 24) is accepted. 9 2. The Government’s Motion to Dismiss Movant’s claims of ineffective 10 11 assistance of counsel (Doc. 22) is granted. 4. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the 12 event Movant files an appeal, the Court declines to issue a certificate of appealability 13 because reasonable jurists would not find the Court’s procedural ruling debatable. See 14 Slack v. McDaniel, 529 U.S. 473, 484 (2000). 15 Dated this 14th day of November, 2016. 16 17 18 Honorable G. Murray Snow United States District Judge 19 20 21 22 23 24 25 26 27 28 -2-

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