Pacheco v. United States ( 2022 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 United States of America, ) No. CV-21-01959-PHX-SPL ) 9 ) ( No. CR-17-01152-01-PHX-SPL) Plaintiff/Respondent, ) 10 vs. ) 11 ) ) O RDER Levian D. Pacheco, ) 12 ) 13 Defendant/Movant. ) ) 14 ) 15 Movant Levian D. Pacheco has filed a Motion to Vacate, Set Aside, or Correct 16 Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (“Motion”) (Doc. 17 1). The Honorable John Z. Boyle, United States Magistrate Judge, has issued a Report and 18 Recommendation (“R&R”), recommending that the Court deny the Motion (Doc. 9). Judge 19 Boyle advised the parties that they had fourteen (14) days to file objections to the R&R 20 and that failure to file timely objections could be considered a waiver of the right to obtain 21 review of the R&R. (Doc. 9 at 9); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United 22 States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 23 The parties did not file objections, which relieves the Court of its obligation to 24 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 25 (1985) (“[Section 636(b)(1)] does not… require any review at all… of any issue that is not 26 the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine 27 de novo any part of the magistrate judge’s disposition that has been properly objected to.”). 28 The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will 1 | adopt the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district 2| court “may accept, reject, or modify, in whole or in part, the findings or recommendations 3 | made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, 4) or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1. That Magistrate Judge John Z. Boyle’s Report and Recommendation (Doc. 9) is 8 | accepted and adopted by the Court; 9 2. That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal 10 | Custody pursuant to 28 U.S.C. § 2255 (CV-21-01959-PHX-SPL, Doc. 1; CR-17-01152- 11 | O1-PHX-SPL, Doc. 356) is denied; 12 3. That this case is dismissed with prejudice; 13 4. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; 15 5. That the Clerk of Court shall file this Order in the underlying related criminal 16 | action, Case No. CR-17-01152-01-PHX-SPL; and 17 6. That the Clerk of Court shall enter judgment accordingly and terminate this 18 | action. 19 Dated this 18th day of August, 2022. 20 7 United States District kudge 23 24 25 26 27 28