Contreras-Ramirez v. USA

Filing 34

ORDER - Magistrate Judge Bade's 33 R&R is ACCEPTED. Petitioner's 1 Motion to Vacate, Set Aside or Correct Sentence, is DENIED. The Clerk of Court shall TERMINATE this action and enter judgment accordingly. Pursuant to Rule 11(a) of t he 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 9/20/2017. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rodrigo Contreras-Ramirez,
Petitioner,

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No. CV-15-01692-PHX-GMS
No. CR-13-01001-PHX-GMS
ORDER

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v.

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United States of America,

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Respondent.

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Pending before the Court are Petitioner’s Motion to Vacate, Set Aside or Correct

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Sentence, (Doc. 1), and United States Magistrate Judge Bridget S. Bade’s Report and

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Recommendation (“R&R”), (Doc. 33). The R&R recommends that the Court deny the

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Motion, (Doc. 33 at 5). The Magistrate Judge advised the parties that they had fourteen

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days to file objections to the R&R and that failure to file timely objections could be

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considered a waiver of the right to obtain review of the R&R. Id. at 6 (citing 28

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U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

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district judge may accept, reject, or modify the recommended disposition; receive further

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evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS HEREBY ORDERED:

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1.

Magistrate Judge Bade’s R&R (Doc. 33) is ACCEPTED.

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2.

Petitioner’s Motion to Vacate, Set Aside or Correct Sentence, (Doc. 1), is

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DENIED.
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The Clerk of Court shall TERMINATE this action and enter judgment

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accordingly.
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Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the

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event Movant files an appeal, the Court declines to issue a certificate of appealability

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because reasonable jurists would not find the Court’s procedural ruling debatable. See

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Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Dated this 20th day of September, 2017.

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Honorable G. Murray Snow
United States District Judge

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