Miranda-Espinoza v. United States ( 2020 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Carlos Armenta-Vasquez, No. CV-19-05310-PHX-DWL 10 Petitioner, ORDER 11 v. 12 United States of America, 13 Respondent. 14 15 Pending before the Court are Movant’s amended motion under 28 U.S.C. § 2255 to 16 vacate, set aside, or correct his sentence (Doc. 7) and the Report and Recommendation 17 (“R&R”) of the United States Magistrate Judge (Doc. 17). The R&R, which was issued 18 on July 1, 2020, recommended that the amended motion be denied and further provided 19 that “[t]he parties shall have fourteen days from the date of service of a copy of this 20 recommendation within which to file specific written objections with the Court.” (Doc. 17 21 at 12.) 22 Here, no such objections have been filed. Thus, the Court accepts the Magistrate 23 Judge’s recommendation. See, e.g., Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (“It does 24 not appear that Congress intended to require district court review of a magistrate’s factual 25 or legal conclusions, under a de novo or any other standard, when neither party objects to 26 those findings.”); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) (“[N]o 27 review is required of a magistrate judge’s report and recommendation unless objections are 28 filed.”). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) 1|| (‘[T]he district judge must review the magistrate judge’s findings and recommendations 2|| de novo if objection is made, but not otherwise.”). 3 Accordingly, 4 IT IS ORDERED that the R&R’s recommended disposition (Doc. 17) is accepted, 5 || the amended motion (Doc. 7) is denied, and the Clerk of Court shall enter judgment 6|| accordingly. 7 IT IS FURTHER ORDERED that a certificate of appealability be denied because 8 || petitioner has not made a substantial showing of the denial of a constitutional right. 9 Dated this 30th day of July, 2020. 10 11 Lom ee” 12 f t _o—— Dominic W. Lanza 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-