Avila v. USA

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION re: 19 Report and Recommendation and denying Movant's Third Amended Motion to Vacate, Set Aside or Correct Sentence. 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 and directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 10/19/17. (DXD)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

United States of America,
Plaintiff/Respondent,

10
11

v.

12

No. CV-16-02109-PHX-SRB
CR-13-00118-PHX-SRB
ORDER

Genaro Avila, Jr.,

13

Defendant/Movant.

14
15
16

Movant, Genaro Avila, Jr., filed his Third Amended Motion to Vacate, Set Aside,

17

or Correct Sentence pursuant to 28 U.S.C. § 2255 on December 12, 2016. The United

18
19

States filed its response in opposition on March 10, 2017. Movant did not file a reply.

20

The Magistrate Judge filed her Report and Recommendation on September 29,

21

2017 recommending that Movant's Third Amended Motion to Vacate, Set Aside, or

22

Correct Sentence be denied and dismissed with prejudice. In her Report and

23
24
25
26

Recommendation, the Magistrate Judge advised the parties that they had fourteen days
from the date of service of a copy of the Report and Recommendation within which to
file specific written objections with the Court. The time to file such objections has

27
28

expired and no objections to the Report and Recommendation have been filed.

1
2

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

3
4
5
6

IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the Order of this Court.
IT IS FURTHER ORDERED denying Movant’s Third Amended Motion to

7
8
9
10
11
12
13
14

Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28
U.S.C. § 2255.
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.
IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

15
16
17

Dated this 19th day of October, 2017.

18
19
20
21
22
23
24
25
26
27
28

-2-