Jaramillo v. United States

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Kristo pher Andrew Jaramillo, ) N o . CV-19-08017-PCT-SPL (JFM) ) 9 ) ( No. CR-15-08236-PCT-SPL) Petitioner, ) 10 vs. ) 11 ) ) O RDER United States of America, ) 12 ) 13 Respondent. ) ) 14 ) 15 Movant Kristopher Andrew Jaramillo has filed a Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (“Motion”) (Doc. 1). The Honorable James F. Metcalf, United States Magistrate Judge, has issued a Report and Recommendation (“R&R”), recommending that the Court dismiss the Motion with prejudice. Judge Metcalf advised the parties that they had fourteen (14) 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. (Doc. 24 at 4); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

23 The parties did not file 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.”).

28 The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will adopt the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district 2| court “may accept, reject, or modify, in whole or in part, the findings or recommendations 3| made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (‘The district judge may accept, reject, 4| or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1. That Magistrate Judge James F. Metcalf’s Report and Recommendation (Doc.

8 | 14) 1s accepted and adopted by the Court; 9 2. That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal 10) Custody pursuant to 28 U.S.C. § 2255 (CV-19-08017-PCT-SPL (JFM), Doc. 1; CR-15- | 08236-PCT-SPL, Doc. 45) is dismissed with prejudice; 12 3. That a certificate of appealability and leave to proceed in forma pauperis on | appeal are granted; 14 4. That the Clerk of Court shall file this Order in the underlying related criminal | action, Case No. CR-15-08236-PCT-SPL; and 16 5. That the Clerk of Court shall enter judgment accordingly and terminate this | action.

18 Dated this 3rd day of June, 2020.

21 LR Bs