Filed: Sep. 10, 2018
Latest Update: Sep. 10, 2018
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . Pending before the Court is the Report and Recommendation (R&R) of the Magistrate Judge recommending that the Motion to Vacate, Set Aside or Correct Sentence pending in this case be denied. Neither party has filed objections to the R&R. Because neither party has objected, 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
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . Pending before the Court is the Report and Recommendation (R&R) of the Magistrate Judge recommending that the Motion to Vacate, Set Aside or Correct Sentence pending in this case be denied. Neither party has filed objections to the R&R. Because neither party has objected, 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 ..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
Pending before the Court is the Report and Recommendation (R&R) of the Magistrate Judge recommending that the Motion to Vacate, Set Aside or Correct Sentence pending in this case be denied. Neither party has filed objections to the R&R.
Because neither party has objected, 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).
Based on the foregoing,
IT IS ORDERED that the Motion to Lift the Stay (Doc. 19) is granted.
IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 22) is accepted, the Motion (Doc. 1) is denied, with prejudice, and the Clerk of the Court shall enter judgment accordingly.
IT IS FINALLY ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because Movant has not made a substantial showing of the denial of a constitutional right.
