Poocha v. United States

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

9 Garyth Mark Poocha, Jr., No. CV-20-08020-MTL (MHB) No. CR-19-08035-MTL 10 Petitioner, ORDER v. United States of America, 13 Respondent.

15 Before the Court is the Report and Recommendation of the Magistrate Judge (R & R) (Doc. 6) recommending that Movant Garyth Mark Poocha, Jr.’s Motion Under 28 17 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (CV20-08020 Doc. 1; CR19-08035 Doc. 38) be denied and dismissed with prejudice.

19 Neither party has filed objections to the R & R. 20 Accordingly, the Court hereby accepts the R & R. The 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). “[T]he 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); see Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts need not conduct “any review at all . . . of any issue that is not the subject of an objection”).

27 Based on the foregoing, 28 IT IS ORDERED that the Report and Recommendation (Doc. 6) is accepted.

1 IT IS FURTHER ORDERED that the Motion Under 28 U.S.C. § 2255 to Vacate, 2|| Set Aside, or Correct Sentence by a Person in Federal Custody (CV20-08020 Doc. 1; || CR19-08035 Doc. 38) is denied and dismissed with prejudice, and the Clerk of the Court 4|| shall enter judgment accordingly.

5 IT IS FINALLY ORDERED that a Certificate of Appealability and leave to || proceed in forma pauperis on appeal are denied because Movant has not made a substantial 7\| showing of the denial of a constitutional right. (See Doc. 6 at 9.)

8 Dated this 17th day of June, 2021.

Wichal T. Hburde i Michael T. Liburdi 12 United States District Judge -2-