Paddock v. USA

Filing 17

ORDER Magistrate Judge Aspey's R&R (Doc. 16 ) is accepted. Petitioner's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1 ) is denied and dismissed with prejudice. The Clerk of Court shall terminate this action. Pursuant to Rule 11( a) of the Rules Governing Section 2255 Cases, in the 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 12/2/2013. (KMG)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Royce Paul Paddock,
Petitioner,

10
11

v.

12

No. CV-13-08032-PCT-GMS
No. CR-10-08001-PCT-GMS

United States of America,

13

ORDER

Respondent.

14
15

Pending before the Court are Petitioner’s Motion to Vacate, Set Aside or Correct

16

Sentence and United States Magistrate Judge Mark E. Aspey’s Report and

17

Recommendation (“R&R”). Docs. 1, 16. The R&R recommends that the Court deny and

18

dismiss the Motion. Doc. 16 at 12. The Magistrate Judge advised the parties that they

19

had fourteen days to file objections to the R&R and that failure to file timely objections

20

could be considered a waiver of the right to obtain review of the R&R. Id. at 21 (citing

21

28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d

22

1114, 1121 (9th Cir. 2003)).

23

The parties did not file objections, which relieves the Court of its obligation to

24

review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

25

(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

26

not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

27

determine de novo any part of the magistrate judge’s disposition that has been properly

28

objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

1

taken. The Court will accept the R&R and deny and dismiss the Motion. See 28 U.S.C.

2

§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

3

part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

4

(“The district judge may accept, reject, or modify the recommended disposition; receive

5

further evidence; or return the matter to the magistrate judge with instructions.”).

6

IT IS ORDERED:

7

1.

Magistrate Judge Aspey’s R&R (Doc. 16) is accepted.

8

2.

Petitioner’s Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is

9

denied and dismissed with prejudice.

10

3.

The Clerk of Court shall terminate this action.

11

4.

Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the

12

event Movant files an appeal, the Court declines to issue a certificate of appealability

13

because reasonable jurists would not find the Court=s procedural ruling debatable. See

14

Slack v. McDaniel, 529 U.S. 473, 484 (2000).

15

Dated this 2nd day of December, 2013.

16
17
18
19
20
21
22
23
24
25
26
27
28

-2-