Gonzalez-Medina v. USA

Filing 18

ORDER ACCEPTING REPORT AND RECOMMENDATION 17 - The amended motion to vacate sentence (Doc. 6 ) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. (See document for further details). Signed by Judge David G Campbell on 10/24/16. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Thare Gonzalez-Medina,
Petitioner,

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ORDER

v.

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No. CV15-2434 PHX DGC (DKD)

USA,
Respondent.

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Petitioner, Thare Gonzalez-Medina, filed a motion to vacate sentence pursuant to

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28 U.S.C. § 2255 (Doc. 1), which was amended by Petitioner’s amended motion to

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vacate sentence pursuant to 28 U.S.C. § 2255 (Doc. 6). United States Magistrate Judge

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David K. Duncan has issued a report and recommendation (“R&R”) recommending that

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the amended motion be denied and dismissed with prejudice. Doc. 17. No objection has

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been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. §

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636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United

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States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the

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R&R and deny the amended motion.

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IT IS ORDERED:

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1.

The R&R (Doc. 17) is accepted.

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2.

The amended motion to vacate sentence (Doc. 6) is denied and dismissed
with prejudice..

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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.

The Clerk is directed to terminate this action.

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Dated this 24th day of October, 2016.

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