Corrales-Hernandez v. USA

Filing 12

ORDER ACCEPTING AMENDED REPORT AND RECOMMENDATION 11 - 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. (See document for further details). Signed by Judge David G Campbell on 8/7/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Dolores Corrales-Hernandez,

No. CV-16-3184 PHX DGC (JFM)
CR-15-0636 PHX DGC

Movant/Defendant,

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ORDER

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vs.

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United States of America,
Respondent/Plaintiff.

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Defendant Dolores Corrales-Hernandez has filed a motion to vacate sentence

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pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge James F. Metcalf

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has issued an amended report and recommendation (“R&R”) recommending that the

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motion be denied. Doc. 11. No objection has been filed, which relieves the Court of its

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obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003). The 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. 11) 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
appeal are denied.

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4.

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Dated this 7th day of August, 2017.

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The Clerk is directed to terminate this action.