Ruelas v. USA

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION re: 13 Report and Recommendation. Movants Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 is denied and dismissed with prejudice; and the Clerk shall enter judgment accordingly. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because Movant has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 4/26/21. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Silvester Ruelas,
Movant,

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No. CV-20-00372-PHX-JAT (JZB)
No. CR-17-00317-001-PHX-JAT
ORDER

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v.

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United States of America,

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Respondent.

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Pending before the Court is Movant’s Motion to Vacate, Set Aside or Correct

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Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) as amended (Doc. 5). The Magistrate

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Judge issued a Report and Recommendation (R&R) (Doc. 13) recommending that the

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Motion be denied.

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Neither party has filed objections to the R&R and the time to object has run.

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Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149

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(1985) (finding that district courts are not required to conduct “any review at all . . . of any

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issue that is not the subject of an objection” (emphasis added)); United States v. Reyna-

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Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the

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district judge must review the magistrate judge’s findings and recommendations de novo

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if objection is made, but not otherwise” (emphasis in original)); see also Schmidt v.

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Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Thus,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc.

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13) is accepted;

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IT IS FURTHER ORDERED that Movant’s Motion to Vacate, Set Aside or

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Correct Sentence pursuant to 28 U.S.C. § 2255 is denied and dismissed with prejudice; and

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the Clerk of the Court shall enter judgment accordingly.

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IT IS FINALLY ORDERED that a Certificate of Appealability and leave to

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proceed in forma pauperis on appeal are denied because Movant has not made a substantial

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showing of the denial of a constitutional right. (See Doc. 13 at 8).

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Dated this 26th day of April, 2021.

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