Grant v. USA

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION: The Motion to Lift the Stay 19 is granted. The Report and Recommendation 22 is accepted, the Motion 1 is denied, with prejudice, and the Clerk of the Court shall enter judgment accordingly. IT IS FINAL LY ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because Movant has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 9/10/2018. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Steven Houston Grant,
Movant/Defendant,

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ORDER

v.

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CV-16-02057-PHX-JAT
CR-06-00526-PHX-JAT

USA,

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Respondent/Plaintiff.

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Pending before the Court is the Report and Recommendation (R&R) of the

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Magistrate Judge recommending that the Motion to Vacate, Set Aside or Correct

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Sentence pending in this case be denied. Neither party has filed objections to the R&R.

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Because neither party has objected, the Court hereby accepts the R&R. See

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Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to

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conduct “any review at all . . . of any issue that is not the subject of an objection”

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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)

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(en banc) (“statute makes it clear that the district judge must review the magistrate

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judge’s findings and recommendations de novo if objection is made, but not otherwise”

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(emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D.

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Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Motion to Lift the Stay (Doc. 19) is granted.

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IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 22) is

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accepted, the Motion (Doc. 1) is denied, with prejudice, and the Clerk of the Court shall

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enter judgment accordingly.

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IT IS FINALLY ORDERED that a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal are denied because Movant has not made a

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substantial showing of the denial of a constitutional right.

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Dated this 10th day of September, 2018.

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