Honahni v. United States of America

Filing 21

ORDER ACCEPTING 14 Report and Recommendation of Magistrate Judge Burns. Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. 1) re CR 10-8008 PCT-NVW is denied and the ci vil action is dismissed with prejudice. IT IS FURTHER ORDERED denying 18 Defendant's Motion for Appointment of Attorney or Public Defender and denying 19 Defendant's Motion to Dismiss or in the Alternative a New Hearing. The Clerk shall enter judgment accordingly and terminate this action. Signed by Judge Neil V Wake on 7/13/12. (LSP)

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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,
Petitioner,

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ORDER

vs.

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No. CV 11-08178-PCT-NVW (MHB)

Vincent Lee Honahni,

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Respondent/Movant.

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Before the Court are Defendant’s Motion Under 28 U.S.C. § 2255 to Vacate, Set

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Aside or Correct Sentence by a Person in Federal Custody (Doc. 1), United States

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Magistrate Judge Burns’ Report and Recommendation (Doc. 14), Defendant’s Motion for

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Appointment of Attorney or Public Defender (Doc. 18), Defendant’s Motion to Dismiss

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or in the Alternative a New Hearing (Doc. 19), and Defendant’s Objection to the

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Magistrate’s Report and Recommendation (Doc. 20).

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The Court has considered Defendant’s objections and reviewed the Report and

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Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that

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the Court must make a de novo determination of those portions of the Report and

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Recommendation to which specific objections are made). The Court agrees with the

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magistrate judge’s determinations, accepts her recommended decision within the meaning

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of Rule 72(b), Fed. R. Civ. P., and overrules Defendant’s objections. 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”). Defendant’s motions to

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dismiss and to appoint counsel are without merit and will also be denied.

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Further, having considered the issuance of a Certificate of Appealability pursuant

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to Rule of the Rules Governing Section 2255 Cases, in the event Defendant files an

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appeal, the Court denies issuance of a Certificate of Appealability and leave to proceed in

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forma pauperis on appeal. Defendant has not made a substantial showing of the denial of

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a constitutional right.

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IT IS THEREFORE ORDERED that the Report and Recommendation of
Magistrate Judge Burns (Doc. 14) is accepted.

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IT IS FURTHER ORDERED that Defendant's Motion Under 28 U.S.C. § 2255 to

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Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. 1) is denied

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and dismissed with prejudice.

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IT IS FURTHER ORDERED that Defendant’s Motion for Appointment of
Attorney or Public Defender (Doc. 18) is denied.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss or in the
Alternative a New Hearing (Doc. 19) is denied.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment
accordingly and terminate this action.
Dated this 13th day of July, 2012.

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