Santiago-Chaparro v. USA

Filing 7

ORDER accepting 6 REPORT AND RECOMMENDATION. The motion to vacate sentence (Doc. 1 ) is denied as moot. 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 5/12/16. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Felix De Santiago-Chaparro,
Petitioner,

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v.

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No. CV15-2555 PHX DGC (DKD)
No. CR14-1414 PHX DGC
ORDER

USA,
Respondent.

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Petitioner Felix De Santiago-Chaparro has filed a motion to vacate sentence

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pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge David K. Duncan

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

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denied. Doc. 6. No objection has been filed, which relieves the Court of its obligation to

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review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn,

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474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003). The Court will accept the R&R and deny the motion as moot.

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IT IS ORDERED:

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1.

The R&R (Doc. 6) is accepted.

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2.

The motion to vacate sentence (Doc. 1) is denied as moot.

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3.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 12th day of May, 2016.

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