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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the court are Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255 (doc. # 358) and the government's Response (doc. # 360). No reply was filed. On September 15, 2006, United States Magistrate Judge Jay R. Irwin issued a Report and Recommendation ("R & R") (doc. # 361) recommending that Defendant's Motion to Vacate, Set Aside or Correct Sentence be dismissed with prejudice. No objections to the R & R were filed. The court has reviewed the R & R and agrees with the magistrate judge's determinations. Accordingly, the court will accept the R & R and dismiss the Motion to Vacate, Set Aside or Correct Sentence. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge"). IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Irwin (doc. # 361).
Case 2:03-cr-01188-NVW Document 362 Filed 10/18/2006 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff/Respondent, vs. Ricardo Najera-Escobar, Defendant/Movant.

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No. CR 03-1188 PHX NVW No. CV 06-1325 PHX NVW (JI) ORDER

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IT IS FURTHER ORDERED that defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255 (doc. # 358) is denied and dismissed with prejudice. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action. DATED this 17th day of October 2006.

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