Opinion
No. CR05-0870 PHX DGC, CV11-0223 PHX DGC.
September 8, 2011
ORDER
Defendant/Movant James R. Schaffer has filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255 (Doc. 1), the government has filed a motion to dismiss the motion to vacate sentence (Doc. 5), and United States Magistrate Judge David K. Duncan has issued a report and recommendation ("R R") recommending that the government's motion to dismiss be granted and Defendant/Movant's motion to vacate sentence be denied. Doc. 7. 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). The Court will accept the R R, grant the government's motion to dismiss and deny Defendant/Movant's motion to vacate sentence.
IT IS ORDERED:
1. The R R (Doc. 7) is accepted.
2. The government's motion to dismiss (Doc. 5) is granted.
2. The motion to vacate sentence (Doc. 1) is denied.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied
4. The Clerk is directed to terminate this action.