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

United States of America, Plaintiff/Respondent, vs. Jose Angel Romero-Lopez

13 Defendant/Movant. 14 15

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No. ORDER

CR 04-1008-PHX-JAT CV 06-1017-PHX-JAT (JI)

Pending before the Court is Movant's Amended Motion to Vacate, Set Aside or 16 Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. #31). The Magistrate Judge issued a 17 Report and Recommendation ("R&R") (Doc. #37) recommending that the Motion be denied. 18 Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts 19 the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not 20 required to conduct "any review at all . . . of any issue that is not the subject of an objection" 21 (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en 22 banc) ("statute makes it clear that the district judge must review the magistrate judge's 23 findings and recommendations de novo if objection is made, but not otherwise" (emphasis 24 in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). 25 Accordingly, 26 IT IS ORDERED that as a result of Movant filing the amended motion (Doc. #31) 27 the original motion (Doc. #24) is denied as moot. 28
Case 2:04-cr-01008-JAT Document 38 Filed 10/12/2007 Page 1 of 2

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IT IS FURTHER ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #37) is ACCEPTED and ADOPTED; IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. #31) is DENIED WITH PREJUDICE; and the Clerk of the Court shall enter judgment accordingly. DATED this 12th day of October, 2007.

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