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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff - Respondent, vs. Joel Guzman-Lopez,

13 Defendant - Movant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-00856-JAT Document 27

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CR 03-856-PHX-JAT CV 04-2550-PHX-JAT (ECV) ORDER

This Court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). It is "clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1126 (D.Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of factual and legal issues is required if objections are made, `but not otherwise.'"). District courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection." Thomas v. Arn, 474 U.S. 140, 149 (1985) (emphasis added); see also 28 U.S.C. § 636(b)(1) ("the court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made.").

Filed 12/08/2005

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In this case, the Report and Recommendation was issued on October 21, 2005. Defendant/Movant has not filed any objections to the Report and Recommendation. Based on the foregoing, IT IS ORDERED that the Report and Recommendation (Doc. #26) is accepted and adopted; the Motion to vacate/set aside sentence (Doc. #22) is denied, and the Clerk of the Court shall enter judgment accordingly. DATED this 7th day of December, 2005.

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