Jean Edward Gonzvar v. United States of America

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

9 Jean Edward Gonzvar, No. CV-25-00448-PHX-DJH 10 Petitioner, ORDER v. United States of America, 13 Respondent.

15 This matter is before the Court on Petitioner Jean Edward Gonzvar’s Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 17 U.S.C. § 2255 (Doc. 1) and the September 25, 2025, Report and Recommendation (“R&R”) (Doc. 11) issued by United States Magistrate Judge Alison S. Bachus.

19 Judge Bachus advised the parties that they had fourteen days to file objections and that the failure to timely do so may result in the District Court’s acceptance of the Report and Recommendation without further review. (Doc. 11 at 21) (citing United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). Petitioner has not filed an objection and the time to do so has expired. Respondent has also not filed an objection.

24 Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on its face require any review at all . . . of any issue that is not the subject of an objection”); Reyna-Tapia, 328 F.3d at 1121 (same); 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 2|| objected to.”).

3 Nonetheless, the Court has reviewed Judge Bachus’s well-reasoned R&R and 4|| agrees with its findings and recommendations. The Court will, therefore, accept the R&R || and deny the Motion. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept, || reject, or modify, in whole or in part, the findings or recommendations made by the 7\| magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).

8 Accordingly, 9 IT IS ORDERED that the R&R (Doc. 11) is ACCEPTED and ADOPTED as the || Order of this Court.

11 IT IS FURTHER ORDERED that Motion to Vacate, Set Aside, or Correct || Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is 13} DENIED AND DISMISSED. A Certificate of Appealability and leave to proceed in 14|| forma pauperis on appeal is DENIED because Petitioner has not made a substantial || showing of the denial of a constitutional right.

16 IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action || and enter judgment accordingly.

18 Dated this 4th day of November, 2025.

20 oC. . pga 21 norable'Diang4. Hurmletewa 02 United States District Judge _2-