United States District Court for the District of Arizona, 2024

Johnson 353403 v. United States

Johnson 353403 v. United States
United States District Court for the District of Arizona · Decided January 9, 2024
Johnson 353403 v. United States

Trial Court Opinion

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

9 Victor Deshone Johnson, No. CV-23-01530-PHX-SMB No. CR-18-0769-001-PHX-SMB 10 Petitioner, ORDER v. United States of America, 13 Respondent.

15 United States Magistrate Judge Camille Bibles has issued a report and recommendation (“R&R”) recommending that Defendant Johnson’s Motion to Vacate, Set Aside, or Correction Sentence b a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (CV ECF No. 1), be denied. (Doc. 6) The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 5) (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. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Nevertheless, the Court has reviewed the pleadings and agrees with the analysis of Magistrate Judge Bibles. The Court will accept and adopt the R&R. 25 IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. 6) is accepted and Defendant Johnson’s Motion (Doc. 1) is denied.

27 … 28 … 1 IT IS FURTHER ORDERED directing the Clerk of Court to enter judgment and || terminate this case.

3 Dated this 8th day of January, 2024.

4 <7 5 S BST ee ° Gnvted States District ude.

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