Johnson v. United States ( 2023 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Latoya Leonardine Johnson, No. CV-23-0054-PHX-DGC 9 CR-17-1354-01-PHX-DGC Petitioner, 10 ORDER v. 11 United States of America, 12 13 Respondent. 14 Pending before the Court is a third amended § 2255 motion (Doc. 11) filed by 15 Petitioner Latoya Leonardine Johnson. Respondent has filed a response (Doc. 16), and 16 Petitioner has filed a reply. Doc. 18. United States Magistrate Judge James F. Metcalf 17 has issued a report and recommendation that the motion be dismissed with prejudice and 18 that a certificate of appealability be denied (R&R). Doc. 19. No objection has been filed, 19 which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); 20 Fed. R. Civ. P. 72(b)(3); see also Thomas v. Arn, 474 U.S. 140, 149 (1985); United States 21 v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 22 IT IS ORDERED: 23 1. The R&R (Doc.19) is accepted. 24 2. The 2225 motion (Doc. 11) is denied and dismissed with prejudice. 25 3. A certificate of appealability and leave to proceed in forma pauperis on 26 appeal are denied. 27 / / / 28 / / / 1 4. The Clerk of Court is directed to enter judgment accordingly and terminate 2 this action. 3 Dated this 28th day of November, 2023. 4 ° David G. Campbell 7 Senior United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-