Opinion
No. CV10-1810 PHX DGC (DKD), CR04-0819 PHX DGC.
March 4, 2011
ORDER
Defendant/Movant Lloyd Thomas, Jr. has filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. Doc. 1. United States Magistrate Judge David K. Duncan has issued a report and recommendation ("R R") recommending that the motion 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 and deny the motion.
IT IS ORDERED:
1. The R R (Doc. 7) is accepted.
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.
Dated this 3rd day of March, 2011.