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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Rodrigo Contreras-Ramirez, Petitioner, 10 No. CV-15-01692-PHX-GMS No. CR-13-01001-PHX-GMS ORDER 11 v. 12 United States of America, 13 Respondent. 14 15 Pending before the Court are Petitioner’s Motion to Vacate, Set Aside or Correct 16 Sentence, (Doc. 1), and United States Magistrate Judge Bridget S. Bade’s Report and 17 Recommendation (“R&R”), (Doc. 33). The R&R recommends that the Court deny the 18 Motion, (Doc. 33 at 5). The Magistrate Judge advised the parties that they had fourteen 19 days to file objections to the R&R and that failure to file timely objections could be 20 considered a waiver of the right to obtain review of the R&R. Id. at 6 (citing 28 21 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 22 1121 (9th Cir. 2003)). 23 The parties did not file objections, which relieves the Court of its obligation to 24 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 25 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 26 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 27 determine de novo any part of the magistrate judge’s disposition that has been properly 28 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 1 taken. The Court will accept the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) 2 (stating that the district court “may accept, reject, or modify, in whole or in part, the 3 findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The 4 district judge may accept, reject, or modify the recommended disposition; receive further 5 evidence; or return the matter to the magistrate judge with instructions.”). 6 IT IS HEREBY ORDERED: 7 1. Magistrate Judge Bade’s R&R (Doc. 33) is ACCEPTED. 8 2. Petitioner’s Motion to Vacate, Set Aside or Correct Sentence, (Doc. 1), is 9 10 11 DENIED. 3. The Clerk of Court shall TERMINATE this action and enter judgment 12 accordingly. 4. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the 13 event Movant files an appeal, the Court declines to issue a certificate of appealability 14 because reasonable jurists would not find the Court’s procedural ruling debatable. See 15 16 17 Slack v. McDaniel, 529 U.S. 473, 484 (2000). Dated this 20th day of September, 2017. 18 19 20 Honorable G. Murray Snow United States District Judge 21 22 23 24 25 26 27 28 -2-

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