LEYVA-GARCIA v. U.S., CR14-0157 PHX DGC (2015)
Court: District Court, D. Arizona
Number: infdco20151208a08
Visitors: 34
Filed: Dec. 07, 2015
Latest Update: Dec. 07, 2015
Summary: ORDER DAVID G. CAMPBELL , District Judge . Movant/Defendant Lamberto Leyva-Garcia has filed an amended motion to vacate sentence pursuant to 28 U.S.C. 2255. Doc. 4. United States Magistrate Judge James F. Metcalf has issued a report and recommendation ("R&R") recommending that the motion be dismissed with prejudice. Doc. 19. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 47
Summary: ORDER DAVID G. CAMPBELL , District Judge . Movant/Defendant Lamberto Leyva-Garcia has filed an amended motion to vacate sentence pursuant to 28 U.S.C. 2255. Doc. 4. United States Magistrate Judge James F. Metcalf has issued a report and recommendation ("R&R") recommending that the motion be dismissed with prejudice. Doc. 19. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474..
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ORDER
DAVID G. CAMPBELL, District Judge.
Movant/Defendant Lamberto Leyva-Garcia has filed an amended motion to vacate sentence pursuant to 28 U.S.C. § 2255. Doc. 4. United States Magistrate Judge James F. Metcalf has issued a report and recommendation ("R&R") recommending that the motion be dismissed with prejudice. Doc. 19. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss the amended motion with prejudice.
IT IS ORDERED:
1. The R&R (Doc. 19) is accepted.
2. The amended motion to vacate sentence (Doc. 4) is dismissed with prejudice.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied
4. The Clerk is directed to terminate this action.
Source: Leagle
