Gomez v. USA

Filing 14

ORDER: The Report and Recommendation of the Magistrate Judge 11 is adopted as the Order of this Court. Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 1 is denied. IT IS FURTHER ORDERED denying a Certificate of Appealability and leave to proceed in forma pauperis on appeal because dismissal of the Motion is justified by a plain procedural bar and reasonable jurists would not find the procedural ruling debatable. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Senior Judge Susan R Bolton on 6/19/2018. (REK)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,
Plaintiff/Respondent,

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v.

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No. CV-17-02091-PHX-SRB
CR09-01247-PHX-SRB
ORDER

Phillip Gomez,

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Defendant/Movant.

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Movant, Phillip Gomez, filed a Motion to Vacate, Set Aside, or Correct Sentence

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pursuant to 28 U.S.C. § 2255 on June 29, 2017. The United States filed its response in

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opposition on October 31, 2017. Movant filed a reply on December 21, 2017.

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The Magistrate Judge filed her Report and Recommendation on May 7, 2018

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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

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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
Recommendation have been filed.

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

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Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate

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Judge as the Order of this Court. (Doc. 11)
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. (Doc. 1)

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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 Motion is justified by a

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plain procedural bar and reasonable jurists would not find the procedural ruling

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

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Dated this 19th day of June, 2018.

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