Robertson v. USA

Filing 25

ORDER That Magistrate Judge Metcalf's Report and Recommendation (Doc. 24 ) is accepted and adopted by the Court. FURTHER ORDERED That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. & #167; 2255 (CV-16-00127-PHX-SPL, Doc. 1 ; Doc. 223, CR-14-00272-PHX-SPL) is denied. FURTHER ORDERED That this case is dismissed with prejudice. FURTHER ORDERED That a certificate of appealability and leave to proceed in forma pauperis on appeal a re denied because jurists of reason would not find the procedural ruling debatable. FURTHER ORDERED That the Clerk of Court shall file this Order in the underlying related criminal action, Case No. CR-14-00272-PHX-SPL. FURTHER ORDERED That the Clerk of Court shall enter judgment accordingly and terminate this action. Signed by Judge Steven P Logan on 10/31/16. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff/Respondent, )
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vs.
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Rebekah Ezilda Robertson,
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Defendant/Movant. )
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United States of America,

No. CV-16-00127-PHX-SPL
(No. CR-14-00272-4-PHX-SPL)
ORDER

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Movant Rebekah Ezilda Robertson has filed a Motion to Vacate, Set Aside, or

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Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255

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(“Motion”) (Doc. 1). On October 12, 2016, the Honorable James F. Metcalf, United

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States Magistrate Judge, issued a Report and Recommendation (“R&R”), recommending

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that the Court deny the Motion. Judge Metcalf advised the parties that they had fourteen

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(14) 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. (Doc. 24 at 4); 28 U.S.C. §

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636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

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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 adopt 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.”). Accordingly,

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IT IS ORDERED:

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1. That Magistrate Judge Metcalf’s Report and Recommendation (Doc. 24) is

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accepted and adopted by the Court;

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2. That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in

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Federal Custody pursuant to 28 U.S.C. § 2255 (CV-16-00127-PHX-SPL, Doc. 1; Doc.

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223, CR-14-00272-PHX-SPL) is denied;

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3. That this case is dismissed with prejudice;

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4. That a certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied because jurists of reason would not find the procedural ruling

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debatable;
5. That the Clerk of Court shall file this Order in the underlying related criminal

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action, Case No. CR-14-00272-PHX-SPL; and
6. That the Clerk of Court shall enter judgment accordingly and terminate this

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action.
Dated this 31st day of October, 2016.

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Honorable Steven P. Logan
United States District Judge

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