Mellinger v. Graber

Filing 34

ORDER the the Petition for Writ of Habeas Corpus is denied. IT IS FURTHER ORDERED denying as moot 29 Petitioner's Motion to Rule and Allow Appeal and denying 26 Petitioner's Motion for Summary Judgment. Signed by Judge David G Campbell on 9/22/15. (LSP)

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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 Daniel Lee Mellinger, 10 No. CV 14-1806-PHX-DGC (MHB) Petitioner, 11 v. 12 Warden Graber, ORDER 13 Respondent. 14 15 Petitioner Daniel Lee Mellinger has filed a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2241. Doc. 1. United States Magistrate Judge Michelle Burns 17 has issued a report and recommendation that the petition be denied (“R&R”). Doc. 31. 18 Petitioner has filed a document titled “No Objection to the R&R, with Corrections to 19 Error in some Facts.” Doc. 32. Petitioner states: “Petitioner has no real objection to the 20 conclusions reached in the R&R because he understands that the 9th Circuit’s law on the 21 235(b)(3) issue goes against him. . . . That is why he asked months ago to have this Court 22 deny his habeas as long as he can appeal and try to show the 9th Circuit the error of it’s 23 conclusions.” Id. at 1.1 24 Because no objection has been filed, the Court is relieved of any obligation to 25 review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 26 27 28 1 Although Petitioner later makes assertions that appear to disagree with Judge Burns’ conclusion, he simply restates arguments made before Judge Burns without explaining why her ruling on those arguments is incorrect. Petitioner also points out some alleged factual errors that do not affect the ruling in this case. 1 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2 2003). The Court will accept the R&R and deny the petition. 3 IT IS ORDERED: 4 1. The Petition for Writ of Habeas Corpus (Doc. 1) is denied. 5 2. Petitioner’s Motion to Rule and Allow Appeal (Doc. 29) is denied as moot. 6 3. Petitioner’s Motion for Summary Judgment (Doc. 26) is denied. 7 Dated this 22nd day of September, 2015. 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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