Gonzvar v. USA

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jean Edward Gonzvar,
Petitioner,
v.
United States of America,
Respondent.
No. CV-25-00448-PHX-DJH
ORDER
This matter is before the Court on Petitioner Jean Edward Gonzvar’s Motion to
Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28
U.S.C. § 2255 (Doc. 1) and the September 25, 2025, Report and Recommendation
(“R&R”) (Doc. 11) issued by United States Magistrate Judge Alison S. Bachus.
Judge Bachus advised the parties that they had fourteen days to file objections and
that the failure to timely do so may result in the District Court’s acceptance of the Report
and Recommendation without further review. (Doc. 11 at 21) (citing United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). Petitioner has not filed an objection
and the time to do so has expired. Respondent has also not filed an objection.
Absent any objections, the Court is not required to review the findings and
recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (noting that
the relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1), “does not on
its face require any review at all . . . of any issue that is not the subject of an objection”);
Reyna-Tapia, 328 F.3d at 1121 (same); Fed.R.Civ.P. 72(b)(3) (“The district judge must
Case 2:25-cv-00448-DJH Document 13 Filed 11/04/25 Page 1 of 2

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determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”).
Nonetheless, the Court has reviewed Judge Bachus’s well-reasoned R&R and
agrees with its findings and recommendations. The Court will, therefore, accept the R&R
and deny the Motion. See 28 U.S.C. § 636(b)(1) (“A judge of the court may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge.”); Fed.R.Civ.P. 72(b)(3) (same).
Accordingly,
IT IS ORDERED that the R&R (Doc. 11) is ACCEPTED and ADOPTED as the
Order of this Court.
IT IS FURTHER ORDERED that Motion to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is
DENIED AND DISMISSED. A Certificate of Appealability and leave to proceed in
forma pauperis on appeal is DENIED because Petitioner has not made a substantial
showing of the denial of a constitutional right.
IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action
and enter judgment accordingly.
Dated this 4th day of November, 2025.
Honorable Diane J. Humetewa
United States District Judge
Case 2:25-cv-00448-DJH Document 13 Filed 11/04/25 Page 2 of 2