Opinion
No. CV10-2128 PHX-DGC (DKD), No. CR98-0662 PHX-DGC.
June 30, 2011
ORDER
Petitioner, Magdalena Ester Schwartz has filed a motion to vacate, set aside or correct sentence, which the Court has construed as a petition for writ of coram nobis. 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 at 5. 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 petition.
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.