Thomas v. USA

Filing 22

ORDER - IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge 21 as the Order of this Court. IT IS FURTHER ORDERED denying Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. (See document for further details). Signed by Judge Susan R Bolton on 12/5/17. (SLQ)

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NOT FOR PUBLICATION

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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,
Plaintiff/Respondent,

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v.

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No. CV-16-04582-PHX-SRB
CR-10-00927-01-PHX-SRB
ORDER

Augustine Bernal Thomas,

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Defendant/Movant.

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Movant, Augustine Bernal Thomas, filed a Motion to Vacate, Set Aside, or

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Correct Sentence pursuant to 28 U.S.C. § 2255 on June 13, 2016. The United States filed

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a Motion to Dismiss on May 5, 2017. Movant filed a response to the Motion to Dismiss

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on June 13, 2017. No reply was filed.

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The Magistrate Judge filed his Report and Recommendation on November 8, 2017

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recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence be

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denied. In the Report and Recommendation, the Magistrate Judge advised the parties that

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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 expired and no objections to the Report and

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Recommendation have been filed.

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The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.

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IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the Order of this Court.
IT IS FURTHER ORDERED denying Movant’s Motion to Vacate, Set Aside or

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Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255.

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IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal because dismissal of the Petition is justified by a

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plain procedural bar and jurists of reason would not find the ruling debatable.

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IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly.

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Dated this 5th day of December, 2017.

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