Burns v. USA

Filing 18

ORDER accepting 17 Report and Recommendation. The motion to vacate sentence (Doc. 1 ) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Senior Judge David G Campbell on 11/29/18. (EJA)

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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,

No. CV17-4020 PHX DGC (DMF)
CR15-1492 PHX DGC

Plaintiff/Respondent,

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ORDER

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vs.

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Don Milton Burns,
Defendant/Movant.

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Defendant/Movant Don Milton Burns has filed a motion to vacate sentence

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pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge Deborah M. Fine

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

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denied and dismissed with prejudice. Doc. 17. No objection has been filed, which

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

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

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R, deny the

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motion and dismiss it with prejudice.

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IT IS ORDERED:

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1.

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

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2.

The motion to vacate sentence (Doc. 1) is denied and dismissed with

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prejudice.
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A certificate of appealability and leave to proceed in forma pauperis on
appeal are denied

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4.

The Clerk is directed to terminate this action.

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Dated this 29th day of November, 2018.

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