Opinion
No. CV18-2803 PHX DGC (ESW)
04-04-2019
Joel Leon Thomas, Jr., Petitioner, v. USA, Respondent.
ORDER
Petitioner Joel Leon Thomas, Jr. has filed a motion to vacate sentence pursuant to 28 U.S.C. § 2255. Doc. 1. Pending before the Court is Petitioner's motion for habeas corpus release. Doc. 7. United States Magistrate Judge Eileen S. Willett has issued a report and recommendation ("R&R") recommending that the motion for habeas corpus release be denied. 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); 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 for habeas corpus release.
IT IS ORDERED:
1. The R&R (Doc. 19) is accepted.
2. The motion for habeas corpus release (Doc. 7) is denied.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied
Dated this 4th day of April, 2019.
/s/_________
David G. Campbell
Senior United States District Judge