Buck v. USA

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION - Movants Amended Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 235 in CR-95-PHX-SRB) is denied and the civil action opened in connect ion with this Motion (CV-16-02018-PHX-SRB) is dismissed. The Clerk of Court to enter judgment accordingly. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal because Movant has not made a substantial showing of the denial of a constitutional right. See document for complete details. Signed by Senior Judge Susan R Bolton on 11/21/18. (MSA)

1

NOT FOR PUBLICATION

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Tony Buck,
Movant/Defendant,

10
11

v.

12

No. CV-16-02018-PHX-SRB
CR-95-00386-PHX-SRB
ORDER

United States of America,

13

Respondent/Plaintiff.

14
15

Movant, Tony Buck, filed an Amended Motion to Vacate, Set Aside, or Correct

16

Sentence pursuant to 28 U.S.C. § 2255 on July 11, 2016. The United States filed its

17

response in opposition on May 29, 2018. Movant filed a reply on June 25, 2018.

18
19

The Magistrate Judge filed her Report and Recommendation on November 1, 2018

20

recommending that Movant's Amended Motion to Vacate, Set Aside, or Correct Sentence

21

be denied. In the Report and Recommendation, the Magistrate Judge advised the parties

22

that they had fourteen days from the date of service of a copy of the Report and

23
24
25
26

Recommendation within which to file specific written objections with the Court. The
time to file such objections has expired and no objections to the Report and
Recommendation have been filed.

27
28

The Court finds itself in agreement with the Report and Recommendation of the

1

Magistrate Judge.

2

IT IS ORDERED adopting the Report and Recommendation of the Magistrate

3
4

Judge as the Order of this Court. (Doc. 17)

5
6

IT IS FURTHER ORDERED denying Movant’s Amended Motion to Vacate,
Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. §

7
8

2255.

9

IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to

10

proceed in forma pauperis on appeal because Movant has not made a substantial showing

11
12
13
14

of the denial of a constitutional right.
IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.
Dated this 21st day of November, 2018.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-