Poocha v. United States

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Garyth Mark Poocha, Jr., No. CV-20-08020-MTL (MHB) No. CR-19-08035-MTL

Petitioner,

ORDER v.

United States of America,

Respondent.

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. Neither party has filed objections to the R & R.

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”). Based on the foregoing,

IT IS ORDERED that the Report and Recommendation (Doc. 6) is accepted.

IT IS FURTHER ORDERED that the Motion Under 28 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) is denied and dismissed with prejudice, and the Clerk of the Court shall enter judgment accordingly.

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.)

Dated this 17th day of June, 2021.

Wichal T. Hburde i Michael T. Liburdi United States District Judge