Archuleta v. United States

Opinion

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Avery Curry Archuleta, No. CV-25-08017-PCT-SMB

10 Petitioner, ORDER

11 v.

12 United States of America,

13 Respondent. 14 15 United States Magistrate Judge John Boyle has issued a report and 16 recommendations (“R&R”) (Doc. 16) recommending that the motion to vacate, set aside 17 or correct sentence be denied. The Magistrate Judge advised the parties that they had 18 fourteen days to file objections to the R&R. (R&R at 11-12) (citing Rule 72, Federal 19 Rules of Civil Procedure) No objection has been filed, which relieves the Court of its 20 obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); 21 Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 22 1121 (9th Cir. 2003). Nevertheless, the Court has reviewed the pleadings and agrees with 23 the analysis of Magistrate John Boyle. The Court will accept and adopt the R&R. 24 IT IS THEREFORE ORDERED that the Report and Recommendation of 25 Magistrate Judge Boyle (Doc. 16) is accepted. 26 IT IS FURTHER ORDERED denying Movant’s Motion to vacate, set aside or 27 correct sentence (Doc. 1). The Clerk of Court is directed to enter judgment accordingly 28 and terminate this case. 1 IT IS FURTHER ORDERED a certificate of appealability and leave to proceed 2 || in forma pauperis on appeal is denied. □□ Dated this 6th day of August, 2025. 4 Se . ~P 5 SO 6 Gnvted States District ude. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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