United States District Court for the District of Arizona, 2025

Archuleta v. United States

Archuleta v. United States
United States District Court for the District of Arizona · Decided August 7, 2025
Archuleta v. United States

Trial Court Opinion

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

9 Avery Curry Archuleta, No. CV-25-08017-PCT-SMB 10 Petitioner, ORDER v. United States of America, 13 Respondent.

15 United States Magistrate Judge John Boyle has issued a report and recommendations (“R&R”) (Doc. 16) recommending that the motion to vacate, set aside or correct sentence be denied. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 11-12) (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 John Boyle. The Court will accept and adopt the R&R. 24 IT IS THEREFORE ORDERED that the Report and Recommendation of Magistrate Judge Boyle (Doc. 16) is accepted.

26 IT IS FURTHER ORDERED denying Movant’s Motion to vacate, set aside or correct sentence (Doc. 1). The Clerk of Court is directed to enter judgment accordingly and terminate this case.

1 IT IS FURTHER ORDERED a certificate of appealability and leave to proceed || in forma pauperis on appeal is denied. □□ Dated this 6th day of August, 2025.

4 Se . ~P 5 SO 6 Gnvted States District ude.

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.