Shahzad v. Gurule

Filing 28

ORDER ACCEPTING REPORT AND RECOMMENDATION 27 . Petitioner's motion for bond hearing (Doc. 24 ) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied The Clerk is directed to terminate this action. (See document for full details). Signed by Judge David G Campbell on 2/24/14. (LAD)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Mehar Khurram Shahzad,
Petitioner,

10
11

ORDER

v.

12

No. CV13-1176 PHX DGC (MEA)

John Gurule, Field Office Director,
Arizona,

13

Respondents.

14
15

Petitioner Mehar Khurram Shahzad has filed a petition for writ of habeas corpus

16

pursuant to 28 U.S.C. § 2241 alleging that his continued detention without a bond hearing

17

violated federal law and Petitioner’s constitutional rights.

18

subsequently filed a motion for bond hearing. Doc. 24. United States Magistrate Mark

19

E. Aspey has issued a report and recommendation (“R&R”) recommending that the

20

motion for bond hearing be denied and this matter be dismissed. Doc. 27. No objection

21

has been filed, which relieves the Court of its obligation to review the R&R. See 28

22

U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985);

23

United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will

24

accept the R&R and deny the petition.

Doc. 1.

Petitioner

25

IT IS ORDERED:

26

1.

The R&R (Doc. 27) is accepted.

27

2.

Petitioner’s motion for bond hearing (Doc. 24) is denied.

28

3.

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

1

appeal are denied

2

4.

The Clerk is directed to terminate this action.

3

Dated this 24th day of February, 2014.

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 ‐