Marchiol v. USA

Filing 10

ORDER: The Report and Recommendation of the Magistrate Judge is adopted as the Order of this Court. 9 . Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 is denied. 1 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. Signed by Judge Susan R Bolton on 3/07/2017. (REK)

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1 NOT FOR PUBLICATION 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Tanya Maria Marchiol, Movant/Defendant, 10 11 v. 12 No. CV-16-02235-PHX-SRB CR-13-01391-PHX-SRB ORDER United States of America, 13 Respondent/Plaintiff. 14 15 Movant, Tanya Maria Marchiol, filed a Motion Under 28 U.S.C. § 2255 to Vacate, 16 Set Aside, or Correct Sentence by a Person in Federal Custody on July 7, 2016. The 17 United States filed its response in opposition on September 15, 2016. Movant filed a 18 reply on October 27, 2016. 19 20 The Magistrate Judge filed his Report and Recommendation on February 13, 2017 21 recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence be 22 denied. In the Report and Recommendation, the Magistrate Judge advised the parties that 23 24 25 26 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 since expired and no objections to the Report and 27 28 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. (Doc. 9) IT IS FURTHER ORDERED denying Movant’s Motion to Vacate, Set Aside or 7 8 Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255. (Doc. 1) 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 7th day of March, 2017. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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