Cresante v. USA

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION 12 - IT IS FURTHER ORDERED Petitioner's Motion to Dismiss (Doc. 11) is GRANTED. IT IS FURTHER ORDERED Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1 ) is DISMISSED WITHOUT PREJUDICE. (See document for further details). Signed by Senior Judge Roslyn O Silver on 2/2/17. (LAD)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Samuel Cresante,
Petitioner,

10
11

ORDER

v.

12

No. CV-16-02049-PHX-ROS
No. CR-10-00117-PHX-ROS

USA,

13

Respondent.

14
15

On November 28, 2016, Magistrate Judge John Z. Boyle issued a Report and

16

Recommendation (“R&R”) recommending Petitioner’s Motion to Vacate, Set Aside, or

17

Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1)

18

be dismissed without prejudice. (Doc. 12.) No objections were filed.

19

A district judge “may accept, reject, or modify, in whole or in part, the findings or

20

recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). Where any party

21

has filed timely objections to the R&R, the district court’s review of the part objected to

22

must be de novo. Id. If, however, no objections are filed, the district court need not

23

conduct such a review. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz.

24

2003). No objections having been filed, the R&R will be adopted in full.

25

Accordingly,

26

IT IS ORDERED the Report and Recommendation (Doc. 12) is ADOPTED.

27

IT IS FURTHER ORDERED Petitioner’s Motion to Dismiss (Doc. 11) is

28

GRANTED.

1

IT IS FURTHER ORDERED Petitioner’s Motion to Vacate, Set Aside, or

2

Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is

3

DISMISSED WITHOUT PREJUDICE.

4

Dated this 2nd day of February, 2017.

5
6
7

Honorable Roslyn O. Silver
Senior United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-