Sam v. USA

Filing 19

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 18 - IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1 ) is DENIED WITH PREJUDICE; and the Clerk of the Court shall enter judgment accordingly. IT IS FINALLY ORDERED that 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. (See document for further details). Signed by Senior Judge James A Teilborg on 1/20/16. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Tyrone James Sam,
Petitioner,

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ORDER

v.

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No. CV-14-08215-PCT-JAT
CR-12-8176-PCT-JAT

USA,

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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). The Magistrate Judge issued a Report

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and Recommendation (R&R) (Doc. 18) recommending that the Motion be denied.

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Neither party has filed objections to the R&R. Accordingly, the Court hereby

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accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district

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courts are not required to conduct “any review at all . . . of any issue that is not the

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subject of an objection” (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district judge must review

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the magistrate judge’s findings and recommendations de novo if objection is made, but

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not otherwise” (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d

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1219, 1226 (D. Ariz. 2003).

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Accordingly,

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

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18) is ACCEPTED and ADOPTED;

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IT IS FURTHER ORDERED that Movant’s Motion to Vacate, Set Aside or
Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) is DENIED WITH PREJUDICE;
and the Clerk of the Court shall enter judgment accordingly.
IT IS FINALLY ORDERED that 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.
Dated this 20th day of January, 2016.

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