Audette v. United States

6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Steven Audette, ) No. CV-24-00102-PHX-SPL ) 9 ) ( No. CR-14-00858-PHX-SPL-01) Petitioner, ) 10 vs. ) 11 ) ) O RDER United States of America, ) 12 ) 13 Respondent. ) ) 14 ) 15 Movant 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”) (Doc. 7). The Honorable Eileen S. Willett, United States Magistrate Judge, has issued a Report and Recommendation (“R&R”), recommending that the Court deny the Motion. Judge Willett 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. 28 at 14); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

23 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.”).

28 The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will | adopt the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district 2| court “may accept, reject, or modify, in whole or in part, the findings or recommendations | made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, 4) or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.”). Accordingly, 6 IT IS ORDERED: 7 1. That Magistrate Judge Eileen S. Willett’s Report and Recommendation (Doc.

8 | 28) 1s accepted and adopted by the Court; 9 2. That the Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person | in Federal Custody pursuant to 28 U.S.C. § 2255 (CV-24-00102-PHX-SPL, Doc. 7; CR- 14-00858-PHX-SPL-01, Doc. 657) is denied; 12 3. That this case is dismissed with prejudice; 13 4. That a certificate of appealability and leave to proceed in forma pauperis on 14| appeal are denied; 15 5. That the Clerk of Court shall file this Order in the underlying related criminal | action, Case No. CR-14-00858-PHX-SPL-01; and 17 6. That the Clerk of Court shall enter judgment accordingly and terminate this | action.

19 Dated this 17th day of March, 2025.

7 United States District kudge