Garcia-Hurtado v. USA
ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Duncan's R&R (Doc. 21 ) is accepted. Petitioner's Motion to Vacate, Set Aside, or Correct Sentence (Doc. 1 ) is denied. The Clerk of Court shall terminate this action. In the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Judge G Murray Snow on 5/2/17. (KGM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Carlos Antonio Garcia-Hurtado,
Pending before the Court are Petitioner’s Motion to Vacate, Set Aside, or Correct
Sentence and United States Magistrate Judge David K. Duncan’s Report and
Recommendation (“R&R”) (Docs. 1, 21). The R&R recommends that the Court deny the
Motion (Doc. 21 at 4). The Magistrate Judge advised the parties that they had fourteen
days to file objections to the R&R and that failure to file timely objections could be
considered a waiver of the right to obtain review of the R&R. Id. at 4 (citing 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003)).
The parties did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1)
(stating that the district court “may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The
district judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions.”).
IT IS HEREBY ORDERED:
Magistrate Judge Duncan’s R&R (Doc. 21) is accepted.
Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence (Doc. 1) is
The Clerk of Court shall terminate this action.
In the event Petitioner files an appeal, the Court declines to issue a
certificate of appealability because Petitioner has not made a substantial showing of the
denial of a constitutional right.
Dated this 2nd day of May, 2017.
Honorable G. Murray Snow
United States District Judge
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