Free Order on Motion to Vacate (2255) - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Ismael Mayorquin-Delgado, 13 Respondent. 14 15 16 17 vs. United States of America, Petitioner,

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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No. CR04-0589-PHX-SRB CV05-0588-PHX-SRB ORDER

Respondent, Ismael Mayorquin-Delgado, filed a Motion to Vacate, Set Aside, or 18 Correct Sentence pursuant to 28 U.S.C. § 2255 on February 22, 2005. Petitioner filed its 19 response in opposition on May 10, 2005. Respondent did not file a reply. 20 The Magistrate Judge filed her Report and Recommendation on March 10, 2006 21 recommending that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence be 22 dismissed. In her Report and Recommendation the Magistrate Judge advised the parties that 23 they had 10 days from the date of service of a copy of the Report and Recommendation 24 within which to file specific written objections with the Court. The time to file such 25 objections has long since expired and no objections to the Report and Recommendation have 26 been filed. 27 28
Case 2:04-cr-00589-SRB Document 36 Filed 06/29/2006 Page 1 of 2

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The Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED that Respondent's Motion to Vacate, Set Aside, or Correct Sentence is dismissed. (Doc. 28).

DATED this 29th day of June, 2006.

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