Gomez v. Neubauer et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 14 . That the Clerk of the Court enter judgment denying Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241(c)(3) (Doc. 1) and dismissing it with prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 9/27/10. (DMT)

Gomez v. Neubauer et al

Doc. 17

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pending before the Court is the Report and Recommendation ("R&R") of Magistrate Judge Aspey (Doc. 14) regarding petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241(c)(3) (Doc. 1). The R&R recommends that the Petition be denied and dismissed with prejudice. The Magistrate Judge advised the parties that they had fourteen days to file objections to the R&R. (R&R at 11). Petitioner filed objections on September 16, 2010 (Doc. 15). Respondents filed a Reply on September 26, 2010 (Doc. 16). The Court has considered the objections and reviewed the Report and Recommendation de novo. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the court must make a de novo determination of those portions of the Report and Recommendation to which specific objections are made). The decision in Allen v. Steele, Michael James Gomez, ) ) Petitioner, ) v. ) ) Brigadier General Kurt Neubauer, Major) Michael Borders, ) ) Respondents. ) No. CV-10-01179 PHX-NVW (MEA) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Dockets.Justia.com

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759 F.2d 1469, 1471 (9th Cir. 1985), is controlling. The Court therefore agrees with the Magistrate Judge's determinations, accepts the recommended decision within the meaning of Rule 72(b), Fed. R. Civ. P., and overrules Petitioner's objections. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"). IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 14) is accepted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment denying Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241(c)(3) (Doc. 1) and dismissing it with prejudice. The Clerk shall terminate this action. DATED this 27th day of September, 2010.

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