Beltran-Lopez v. USA

Filing 20

ORDER accepting 19 Report and Recommendation. The motion to vacate sentence (Doc. 1 ) is denied. 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 12/13/16. (EJA)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

United States of America,

No. CV16-0450 PHX DGC (JFM)
CR15-0482 PHX DGC

Plaintiff/Respondent,

10

ORDER

11

vs.

12

Prudencio Beltran-Lopez,
Defendant/Movant.

13
14
15

Defendant/Movant Prudencio Beltran-Lopez has filed a motion to vacate sentence

16

pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge James F. Metcalf

17

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

18

denied. Doc. 19. No objection has been filed, which relieves the Court of its obligation

19

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

20

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

21

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

22

IT IS ORDERED:

23

1.

The R&R (Doc. 19) is accepted.

24

2.

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

25

3.

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

26
27
28

appeal are denied

1

4.

The Clerk is directed to terminate this action.

2

Dated this 13th day of December, 2016.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
‐ 2 ‐