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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Cory Dean Hamilton,
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Petitioner,
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v.
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Dennis Smith,
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Respondent.
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No. CV11-0073 PHX DGC (DKD)
ORDER

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Petitioner Cory Dean Hamilton has filed a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2241. Doc. 1. United States Magistrate Judge David K. Duncan has issued

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a report and recommendation (“R&R”) recommending that the petition be denied and

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dismissed with prejudice. Doc. 11. No objection has been filed, which relieves the Court

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of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 11) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is denied and dismissed with

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prejudice.
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are denied

A certificate of appealability and leave to proceed in forma pauperis on appeal

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4.

The Clerk is directed to terminate this action.

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DATED this 18th day of July, 2011.

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