Greer v. USA

Filing 12

ORDER: Magistrate Judge Willett's R&R 10 is ACCEPTED. Petitioner's motion to vacate, set aside, or correct sentence (Doc. 1 in CV-17-00298; Doc. 18 in CR-14-50166) is DISMISSED with prejudice. The Clerk of the Court shall terminate this case. Signed by Judge Douglas L Rayes on 2/28/2018. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Elsia Michelle Greer,
Petitioner,

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v.

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No. CV-17-00298-PHX-DLR;
No. CR-14-50166

USA,

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ORDER

Respondent.

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Before the Court is Petitioner Elsia Michelle Greer’s motion to vacate, set aside,

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or correct sentence and United States Magistrate Judge Eileen S. Willet’s Report and

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Recommendation (“R&R”). (Docs. 1, 10.) The R&R recommends that the Court dismiss

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the motion as moot and for failure to prosecute. The Magistrate Judge advised the parties

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that they had fourteen days to file objections to the R&R and that failure to file timely

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objections could be considered a waiver of the right to obtain review of the R&R. See

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Petitioner did not

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file objections, which relieves the Court of its obligation to review the R&R. See Reyna-

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Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)]

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does not . . . require any review at all . . . of any issue that is not the subject of an

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objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any

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part of the magistrate judge’s disposition that has been properly objected to.”). The Court

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has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept

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the R&R and dismiss the petition as moot and for failure to prosecute. See 28 U.S.C. §

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636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED that Magistrate Judge Willett’s R&R (Doc. 10) is

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ACCEPTED. Petitioner’s motion to vacate, set aside, or correct sentence (Doc. 1 in CV-

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17-00298; Doc. 18 in CR-14-50166) is DISMISSED with prejudice. The Clerk of the

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Court shall terminate this case.

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Dated this 28th day of February, 2018.

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Douglas L. Rayes
United States District Judge

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