Gbotoe v. Kane et al

Filing 44

ORDER ACCEPTING REPORT AND RECOMMENDATION (Doc. 41). ORDER that the Clerk of the Court enter judgment denying and dismissing Petitioner's Petition for Writ of Habeas Corpus pursuant to 28:2241 (Doc. 1). The Clerk shall terminate this action. Signed by Judge John W Sedwick on 12/2/10. (TLJ)

1 2 3 4 5 6 7 8 9 10 11 12 K a trin a Kane, et al., 13 Respondents. 14 15 16 P e n d in g before the Court is the Report and Recommendation of Magistrate Judge 17 B u rn s (Doc. 41) regarding Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 18 U .S .C . § 2241 (Doc. 1). The Report and Recommendation recommends that the Petition be 19 d e n ied . The Magistrate Judge advised the parties that they had fourteen days to file 20 o b je c tio n s to the Report and Recommendation. (Doc. 41.) Petitioner filed his objections on 21 N o v e m b e r 12, 2010 (Doc. 42) and Respondents filed a reply to Petitioner's objections on 22 N o v em b er 23, 2010 (Doc. 43). 23 T h e Court has considered the objections and reviewed the Report and 24 R e c o m m e n d a tio n de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the 25 C o u r t must make a de novo determination of those portions of the Report and 26 R e c o m m e n d a t io n to which specific objections are made). The Court agrees with the 27 M a g is tra te Judge's determinations, accepts the recommended decision within the meaning 28 vs. A a ro n Gbotoe, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) N o . CV09-1855-PHX-NVW (MHB) ORDER IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF ARIZONA

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o f Rule 72(b), and overrules Petitioner's objections. See 28 U.S.C. § 636(b)(1) (stating that th e district court "may accept, reject, or modify, in whole or in part, the findings or rec o m m en d atio n s made by the magistrate judge"). IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 41) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying and d is m is s in g Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2 2 4 1 . (Doc. 1.) The Clerk shall terminate this action.

D A T E D this 2nd day of December 2010.

/S/ JOHN W. SEDWICK U N IT E D STATES DISTRICT JUDGE

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