Opinion
No. CR-04-0112-PHX-JAT, CV-05-2583-PHX-JAT.
April 4, 2006
ORDER
Pending before the Court is Movant's Motion to Vacate, Set Aside, or Correct Sentence (Doc. #123). The Magistrate Judge issued a Report and Recommendation ("RR") (Doc. #131) recommending that the Motion be denied.
Neither party has filed objections to the RR. As a result, the Court hereby accepts the RR. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
Accordingly,
IT IS THEREFORE ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #131) is ACCEPTED; IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence (Doc. #123) is DENIED; and
IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE and the Clerk of the Court shall enter judgment accordingly (thereby closing both the criminal and civil case).