Agustin-Simon v. USA

Filing 19

ORDER ACCEPTING REPORT AND RECOMMENDATION 18 - The motion to vacate sentence (Doc. 1 ) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 11/17/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

No. CV16-2715 PHX DGC (ESW)
CR11-1622-005 PHX DGC

Plaintiff/Respondent,

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ORDER

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v.

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Domingo Agustin-Simon,
Defendant/Movant.

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Defendant Domingo Agustin-Simon has filed a motion to vacate sentence pursuant

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to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Eileen S. Willett has issued

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a report and recommendation (“R&R”) recommending that the motion be denied.

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Doc.18. No objection has been filed, which relieves the Court of its obligation to review

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the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S.

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140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The

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Court will accept the R&R and deny the motion.

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IT IS ORDERED:

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1.

The R&R (Doc. 18 is accepted.

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2.

The motion to vacate sentence (Doc. 1) is denied.

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3.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 7th day of November, 2017.

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