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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Currently before the Court is Magistrate Judge Glenda E. Edmonds Report and 17 Recommendation addressing Defendant-Movant Joel Duarte-Campos's ("Movant') 18 August 23, 2006 motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 19 §2255. (Dkt. #37). Movant claims that his counsel was ineffective because he (1) 20 "incorrectly advised [Movant] regarding the consequences and the ultimate sentence"; (2) 21 "pressured/coerced [Movant] into accepting a plea agreement"; and (3) failed to file 22 objections to the presentence report. (Dkt. #37, p.4; Dkt. #43). On February 20, 2007, the 23 Magistrate Judge issued her Report and Recommendation recommending that the Court 24 deny Movant's motion on the merits. (Dkt. #47). 25 A district court must review a Magistrate Judge's findings and recommendations de 26 novo if objection is made but not otherwise. United States v. Reyna-Tapia, 328 F.3d 1114, 27 1121 (9th Cir. 2003)(en banc); see 28 U.S.C. § 636(b)(1)(C) ("A judge of the court shall 28
Case 2:04-cr-01108-MHM Document 49 Filed 02/20/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff-Respondent, ) ) v. ) ) JOEL DOHENY DUARTE-CAMPOS, ) ) ) Defendant-Movant. ) ) UNITED STATES OF AMERICA,

No. CV 06-2035-PHX-MHM (GEE) CR 04-1108-PHX-MHM (GEE) ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). "Failure to object to a magistrate judge's recommendation waives all objections to the judge's findings of fact." Jones v. Wood, 207 F.3d 557, 562 n.2 (9th Cir. 2000). Despite leave to do so as expressly stated in the Magistrate Judge's Report and Recommendation, the parties did not file any objections to the Report and Recommendation. (Dkt. #47, p.6); see also 28 U.S.C. § 636(b)(1)(C). After reviewing the record and good cause appearing, the Court will adopt the Magistrate Judge's Report and Recommendation denying Movant's motion as the order of the Court. Accordingly, IT IS HEREBY ORDERED adopting in full the Report and Recommendation (Dkt. #47) denying Defendant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. §2255 (Dkt. #37) as the order of the Court. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly. DATED this 19th day of February, 2008.

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