Viarrial v. USA

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez; DENYING 15 ORDER on Motion for Supplement. See order for specifics. (gr)

Case 1:19-cv-00361-MV-SCY Document 17 Filed 09/09/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

GERALD JAMES VIARRIAL,
Petitioner,
v.

Civ. 19-361 MV/SCY
Cr. 15-214 MV/SCY 1

UNITED STATES OF AMERICA,
Respondent.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on Petitioner’s Motion to Vacate Under 28 U.S.C. §
2255 (Civil “CV” Doc. 1; Criminal “CR” Doc. 157) and Petitioner’s Motion to Supplement (CV
Doc. 15). Pursuant to 28 U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a), the
Court referred this matter to Magistrate Judge Steven C. Yarbrough to conduct hearings, if
warranted, and to perform any legal analysis required to recommend an ultimate disposition of
the case. CV Doc. 3.
On July 2, 2020, Judge Yarbrough entered his Proposed Findings and Recommended
Disposition (“PFRD”) in which he recommends denying Petitioner’s Motion to Supplement and
denying Petitioner’s Motion to Vacate. CV Doc. 16. Judge Yarbrough notified the parties that
they had 14 days from the service of the PFRD to file any objections to the PFRD. Id. at 29. The
parties have not filed any objections to the PFRD, thereby waiving their right to review of the
proposed disposition. See United States v. One Parcel of Real Prop., 73 F.3d 1057, 1060 (10th
Cir. 1996). Furthermore, upon review of the PFRD, the Court concurs with Judge Yarbrough’s
findings and recommendation.

Case 1:19-cv-00361-MV-SCY Document 17 Filed 09/09/20 Page 2 of 2

Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1.

The Magistrate Judge’s Proposed Findings and Recommended Disposition (CV
Doc. 16) is ADOPTED;

2.

Petitioner’s Motion to Supplement (CV Doc. 15) is DENIED;

3.

Petitioner’s Motion to Vacate Under 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 157)
is DENIED and this case is DISMISSED;

4.

A certificate of appealability is DENIED;

5.

A final order is entered concurrently herewith.

________________________________
MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE

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