Opinion
CV-21-01687-PHX-SMB
03-02-2022
Andres Gonzalez-Hernandez, Petitioner, v. United States of America, Respondent.
ORDER
Honorable Susan M. Brnovich, United States District Judge.
On September 27, 2021, 1 Defendant/Movant Andres Gonzalez-Hernandez filed a pro per Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1). United States Magistrate Judge Deborah Fine has issued a report and recommendation (“R&R”) recommending that the motion be dismissed as untimely. (Doc. 5). The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 7) (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 Judge Fine. The Court will accept and adopt the R&R.
IT IS ORDERED Plaintiffs Motion (Doc. 1) is DISMISSED and the Clerk of Court is directed to terminate this case.