Garcia v. USA

Filing 22

ORDER ADOPTING IN FULL REPORT AND RECOMMENDATION 21 and the motion pursuant to 28 U.S.C. § 2255 is DENIED. IT IS FURTHER ORDERED a certificate of appealability and leave to proceed in forma pauperis on appeal are denied because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 8/11/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marcus Garcia,
Petitioner,

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ORDER

v.

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No. CV-16-03224-PHX-ROS

USA,

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Respondent.

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On June 26, 2017, Magistrate Judge David K. Duncan issued a Report and

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Recommendation recommending the motion pursuant to 28 U.S.C. § 2255 be denied.

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Petitioner did not file objections. Therefore, the Report and Recommendation will be

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adopted in full.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 21) is ADOPTED IN

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FULL and the motion pursuant to 28 U.S.C. § 2255 is DENIED.

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IT IS FURTHER ORDERED a certificate of appealability and leave to proceed

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in forma pauperis on appeal are denied because Petitioner has not made a substantial

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showing of the denial of a constitutional right.

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Dated this 11th day of August, 2017.

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Honorable Roslyn O. Silver
Senior United States District Judge