Hamilton v. Smith

Filing 12

ORDER The Report and Recommendation (Doc. 11) is accepted. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appealare denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 7/18/2011. (KMG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Cory Dean Hamilton, 9 Petitioner, 10 v. 11 Dennis Smith, 12 Respondent. 13 ) ) ) ) ) ) ) ) ) ) No. CV11-0073 PHX DGC (DKD) ORDER 14 15 Petitioner Cory Dean Hamilton has filed a petition for writ of habeas corpus pursuant 16 to 28 U.S.C. § 2241. Doc. 1. United States Magistrate Judge David K. Duncan has issued 17 a report and recommendation (“R&R”) recommending that the petition be denied and 18 dismissed with prejudice. Doc. 11. No objection has been filed, which relieves the Court 19 of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); 20 Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 21 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition. 22 IT IS ORDERED: 23 1. The R&R (Doc. 11) is accepted. 24 2. The petition for writ of habeas corpus (Doc. 1) is denied and dismissed with 25 26 27 28 prejudice. 3. are denied A certificate of appealability and leave to proceed in forma pauperis on appeal 1 4. The Clerk is directed to terminate this action. 2 DATED this 18th day of July, 2011. 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 -2-

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