Free Order on Motion to Vacate (2255) - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

USA, Plaintiff/Respondent, vs. Felipe Garcia-Rios,

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No. ORDER

CR-04-0746-PHX-JAT CV-05-0526-PHX-JAT

Pending before the Court is Movant's Motion to Vacate, Set Aside, or Correct Sentence (Doc. #17). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #27) recommending that the Motion be denied. Neither party has filed objections to the R&R. As a result, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). Accordingly, IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #27) is ACCEPTED;
Case 2:04-cr-00746-JAT Document 28 Filed 04/04/2006 Page 1 of 2

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IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence (Doc. #17) is DENIED; and IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE and the Clerk of the Court shall enter judgment accordingly (thereby closing both the criminal and civil case). DATED this 4th day of April, 2006.

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