Gonzalez-Hernandez v. United States

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

9 Andres Gonzalez-Hernandez, No. CV-21-01687-PHX-SMB 10 Petitioner, ORDER v. United States of America, 13 Respondent.

16 On September 27, 2021,1 Defendant/Movant Andres Gonzalez-Hernandez filed a pro per Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1). United States Magistrate Judge Deborah Fine has issued a report and recommendation (“R&R”) recommending that the motion be dismissed as untimely. (Doc. 5). The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 7) (citing Rule 72, Federal Rules of Civil Procedure) No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);Thomas v. Arn, 474 U.S. 24 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

25 Nevertheless, the Court has reviewed the pleadings and agrees with the analysis of Magistrate Judge Fine. The Court will accept and adopt the R&R. 27 /// 28 /// 1 IT IS ORDERED Plaintiff's Motion (Doc. 1) is DISMISSED and the Clerk of || Court is directed to terminate this case.

3 Dated this 2nd day of March, 2022.

5 “Ss > fonorable Susan M. Brnovich = 7 United States District Judge _2-