Deatherage v. USA
Filing
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ORDER ACCEPTING 16 REPORT AND RECOMMENDATION. Petitioner's 1 Motion to Vacate, Set Aside or Correct Sentence is denied. The Clerk of Court shall terminate this action. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in t he event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Judge G Murray Snow on 6/26/18. (MSA)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Robert Kenneth Deatherage,
Petitioner,
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ORDER
v.
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No. CV-17-01587-PHX-GMS
USA,
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Respondent.
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Pending before the Court are Petitioner’s Motion to Vacate, Set Aside or Correct
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Sentence (2255) and United States Magistrate Judge John Z. Boyle’s Report and
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Recommendation (“R&R”). Docs. 1, 16. The R&R recommends that the Court deny the
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motion. Doc. 16 at 10. The Magistrate Judge advised the parties that they had fourteen
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days to file objections to the R&R and that failure to file timely objections could be
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considered a waiver of the right to obtain review of the R&R. Id. at 11 (citing 28
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U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72); United States v. Reyna-Tapia, 328 F.3d 1114,
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1121 (9th Cir. 2003)).
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The parties did not file objections, which relieves the Court of its obligation to
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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
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determine de novo any part of the magistrate judge’s disposition that has been properly
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objected to.”). The Court will accept the R&R and deny the motion. 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:
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1.
Magistrate Judge Boyle’s R&R (Doc. 16) is ACCEPTED.
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2.
Petitioner’s Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is
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DENIED.
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The Clerk of Court shall TERMINATE this action.
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4.
Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the
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event Movant files an appeal, the Court declines to issue a certificate of appealability
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because reasonable jurists would not find the Court’s procedural ruling debatable. See
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Slack v. McDaniel, 529 U.S. 473, 484 (2000).
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Dated this 26th day of June, 2018.
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Honorable G. Murray Snow
United States District Judge
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