Mars v. Smith

Filing 12

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 11 . Petitioner's Petition for Writ of Habeas Corpus 1 is denied and dismissed with prejudice. Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied. Signed by Senior Judge Paul G Rosenblatt on 4/10/12. (TLJ)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Terrell Maurice Mars, 10 Petitioner, 11 v. 12 Dennis R. Smith, Warden, Respondent. 13 ) ) ) ) ) ) ) ) ) ) No. 11-CV-01562-PHX-PGR (DKD) ORDER 14 15 The Court having reviewed de novo the Report and Recommendation of Magistrate 16 Judge Duncan, and no party having filed any objection to the Report and Recommendation, 17 IT IS HEREBY ORDERED that the Magistrate Judge’s Report and 18 19 20 21 22 23 Recommendation (Doc. 11) is ACCEPTED and ADOPTED by the Court.1 IT IS FURTHER ORDERED that petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED and DISMISSED with prejudice. IT IS FURTHER ORDERED DENYING a Certificate of Appealability and leave to proceed in forma pauperis on appeal. DATED this 10th day of April, 2012. 24 25 26 27 28 1 The Magistrate Judge rejected Petitioner’s claim that the sentencing court impermissibly delegated to the Bureau of Prisons its duty set a schedule for restitution payments under 18 U.S.C. § 3664(f)(2). (Doc. 11 at 3.)

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