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`Case 2:24-cv-00102-SPL Document 29 Filed 03/18/25 Page 1 of 2
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF ARIZONA
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`No. CV-24-00102-PHX-SPL
`Steven Audette,
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`(No. CR-14-00858-PHX-SPL-01)
` Petitioner,
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`vs.
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`ORDER
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`United States of America,
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` Respondent.
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`Movant has filed an Amended Motion to Vacate, Set Aside, or Correct Sentence by
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`a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (“Motion”) (Doc. 7). The
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`Honorable Eileen S. Willett, United States Magistrate Judge, has issued a Report and
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`Recommendation (“R&R”), recommending that the Court deny the Motion. Judge Willett
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`advised the parties that they had fourteen (14) days to file objections to the R&R and that
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`failure to file timely objections could be considered a waiver of the right to obtain review
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`of the R&R. (Doc. 28 at 14); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72; United States v.
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`Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
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`The parties did not file objections, which relieves the Court of its obligation to
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`review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
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`(1985) (“[Section 636(b)(1)] does not… require any review at all… of any issue that is not
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`the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine
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`de novo any part of the magistrate judge’s disposition that has been properly objected to.”).
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`The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will
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`Case 2:24-cv-00102-SPL Document 29 Filed 03/18/25 Page 2 of 2
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`adopt the R&R and deny the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district
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`court “may accept, reject, or modify, in whole or in part, the findings or recommendations
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`made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject,
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`or modify the recommended disposition; receive further evidence; or return the matter to
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`the magistrate judge with instructions.”). Accordingly,
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`IT IS ORDERED:
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`1. That Magistrate Judge Eileen S. Willett’s Report and Recommendation (Doc.
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`28) is accepted and adopted by the Court;
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`2. That the Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person
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`in Federal Custody pursuant to 28 U.S.C. § 2255 (CV-24-00102-PHX-SPL, Doc. 7; CR-
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`14-00858-PHX-SPL-01, Doc. 657) is denied;
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`3. That this case is dismissed with prejudice;
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`4. That a certificate of appealability and leave to proceed in forma pauperis on
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`appeal are denied;
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`5. That the Clerk of Court shall file this Order in the underlying related criminal
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`action, Case No. CR-14-00858-PHX-SPL-01; and
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`6. That the Clerk of Court shall enter judgment accordingly and terminate this
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`action.
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`Dated this 17th day of March, 2025.
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`Honorable Steven P. Logan
`United States District Judge
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