Molina v. United States of America

Filing 18

ORDER ACCEPTING REPORT AND RECOMMENDATION 17 - The amended petition for writ of habeas corpus (Doc. 5 ) 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 6/29/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marivel Molina Molina,
Petitioner,

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ORDER

v.

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No. CV16-4299 PHX DGC (DKD)

United States of America,
Respondent.

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Petitioner Marivel Molina Molina has filed an amended petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2241. Doc. 5. United States Magistrate Judge David K.

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Duncan has issued a report and recommendation (“R&R”) recommending that the

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amended petition be denied. Doc. 17. No objection has been filed, which relieves the

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

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

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F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the amended

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petition.

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IT IS ORDERED:

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The R&R (Doc. 17) is accepted.

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2.

The amended petition for writ of habeas corpus (Doc. 5) 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 29th day of June, 2017.

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