Begay v. United States

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Helwood Begay, No. CV-18-08336-PCT-DLR 10 Petitioner, ORDER v. United States of America, 13 Respondent.

16 Before the Court are Petitioner’s amended motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Doc. 7) along with United States Magistrate Judge James F. Metcalf’s Report and Recommendation (“R&R”) (Doc. 11). The R&R recommends that the Court dismiss with prejudice Petitioner’s petition pursuant to §2255 and deny a certificate of appealability. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. See United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Neither party filed objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate judge’s disposition that has been properly objected to.”). “Unless this court has definite and firm || conviction that the [Magistrate Judge] committed a clear error of judgment, [this court] will not disturb [the] decision.” Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (citation omitted).

4 The Court has nonetheless independently reviewed the R&R and finds that it is well- taken. The Court therefore will accept the R&R in its entirety. See 28 U.S.C. § 636(b)(1) 6|| (stating that the district court “may accept, reject, or modify, in whole or in part, the 7\| findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The || district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”).

10 IT IS ORDERED that Magistrate Judge Metcalf’s R&R (Doc. 11) is ACCEPTED.

11 || Plaintiff's amended motion to vacate (Doc. 7) is DISMISSED WITH PREJUDICE and any certificate of appealability is DENIED.

13 Dated this 3rd day of December, 2019.

16 {Z, 17 _- Ch 18 Uatted States Dictric Judge _2-