Opinion
CV-23-0054-PHX-DGC CR-17-1354-01-PHX-DGC
11-28-2023
Latoya Leonardine Johnson, Petitioner, v. United States of America, Respondent.
ORDER
David G. Campbell, Senior United States District Judge.
Pending before the Court is a third amended § 2255 motion (Doc. 11) filed by Petitioner Latoya Leonardine Johnson. Respondent has filed a response (Doc. 16), and Petitioner has filed a reply. Doc. 18. United States Magistrate Judge James F. Metcalf has issued a report and recommendation that the motion be dismissed with prejudice and that a certificate of appealability be denied (R&R). Doc. 19. 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); see also Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
IT IS ORDERED:
1. The R&R (Doc.19) is accepted.
2. The 2225 motion (Doc. 11) is denied and dismissed with prejudice.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied.
4. The Clerk of Court is directed to enter judgment accordingly and terminate this action.