Mogler v. United States

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA United States of America, ) No. CV-20-00173-PHX-SPL ) 9 ) ( No. CR-15-01118-PHX-SPL) Plaintiff/Respondent, ) 10 vs. ) 11 ) ) O RDER Jason Todd Mogler, ) 12 ) Defendant/Movant. ) ) 14 ) 15 Movant Jason Todd Mogler has filed an Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (“Motion”) (Docs. 16, 18). The Honorable Deborah M. Fine, United States Magistrate Judge, has issued a Report and Recommendation (“R&R”), recommending that the Court deny the Motion (Doc. 62). Judge Fine 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. 62 at 57–58). See 28 U.S.C. § 22 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

24 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.”).

1 | The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court 2| will adopt the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part, the findings or recommendations 4| 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.”). Accordingly, 7 IT IS ORDERED: 8 1. That Magistrate Judge Deborah M. Fine’s Report and Recommendation (Doc.

62) is accepted and adopted by the Court; 10 2. That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal | Custody pursuant to 28 U.S.C. § 2255 (CV-20-00173-PHX-SPL, Doc. 16; CR-15-01118- PHX-SPL, Doc. 735) is denied without an evidentiary hearing; 13 3. That this case is dismissed with prejudice; 14 4. That a certificate of appealability and leave to proceed in forma pauperis on appeal are denied; 16 5. That the Clerk of Court shall file this Order in the underlying related criminal | action, Case No. CR-15-01118-PHX-SPL; and 18 6. That the Clerk of Court shall enter judgment accordingly and terminate this | action.

20 Dated this 15th day of October, 2021.

73 United States District dudge