Hatch v. USA
ORDER ADOPTING REPORT AND RECOMMENDATION in whole 22 Report and Recommendation. Denying and dismissing the Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (Doc. 1 ) and Doc. 76 in the related matter 02-CR-1016-PHX-JJT. Denying a Certificate of Appealability and leave to proceed in forma pauperis upon a finding that Mr. Hatch has not made a substantial showing of the denial of a Constitutional right. Signed by Judge John J Tuchi on 11/6/17. (DXD)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Eddie Lee Hatch,
United States of America,
No. CV-16-02041-PHX-JJT (MHB)
At issue is the Report and Recommendation (Doc. 22) (“R&R”) entered in matter
16-CV-2041 by Magistrate Judge Michelle H. Burns recommending that Mr. Hatch’s
2255 Motion be denied and dismissed with prejudice in both matters 16-CV-2041 and
02-CR-1016. The time for Mr. Hatch to file objections to the R&R elapsed early
September 2017. No objections were filed by that deadline or thereafter. The Court thus
may accept the R&R without further review. See United States v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003).
Even if the Court conducted a review into the merits of the R&R, it would, and it
does, adopt the R&R in its entirety in this case. Judge Burns correctly concluded that
pursuant to the Supreme Court’s decision in Beckles v. United States, 137 S. Ct. 886, 892
(2017), the residual clause in the advisory guidelines is not subject to a void-for-
vagueness challenge under the Fifth Amendment Due Process Clause. Thus, Mr. Hatch’s
Petition, filed pursuant to Johnson v. United States, 135 S. Ct. 2551 (2015), must be
dismissed with prejudice.
IT IS ORDERED adopting in whole the R&R (Doc. 22) prepared by Judge Burns
in this matter.
IT IS FURTHER ORDERED denying and dismissing the Motion to Vacate, Set
Aside or Correct Sentence under 28 U.S.C. § 2255 found at Doc. 1 in this matter, 16-CV-
2041, and at Doc. 76 in the related matter 02-CR-1016-PHX-JJT.
IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to
proceed in forma pauperis upon a finding that Mr. Hatch has not made a substantial
showing of the denial of a Constitutional right.
Dated this 6th day of November, 2017.
Honorable John J. Tuchi
United States District Judge
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