Olsen v. Schriro et al

Filing 19

ORDER accepted and adopting Report and Recommendations re 18 Report and Recommendations. The Petition for Writ of Habeas Corpus is DENIED. This case is hereby dismissed with prejudice.. Signed by Judge Frank R Zapata on 10/15/09.(JKM, )

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1 2 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 Before the Court for consideration is Petitioner Ken Elliott Olsen's Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. 2254, which was filed on January 29, 2007, in which Petitioner raised one claim alleging that he "was denied his Sixth and Fourteenth Amendment rights when the trial court admitted evidence of other crimes, wrongs, or acts." This matter was referred to United States Magistrate Judge Jennifer C. Guerin for all pretrial proceedings and report and recommendation in accordance with the provisions of 28 U.S.C. 636(b)(1) and LRCiv 72.1 and LRCiv 72.2 of the Rules of Practice of the United States District Court for the District of Arizona, Local Rules of Civil Procedure. Magistrate Judge Guerin issued her Report and Recommendation on March 25, 2009, setting forth the factual and procedural background of the underlying case and a thorough analysis of the issues presented. vs. Dora B. Schriro, et al., Respondents. Ken Elliott Olsen, Petitioner, ) ) ) ) ) ) ) ) ) ) No. CV 07-052-TUC-FRZ ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 1 2 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 The Report and Recommendation recommends that the District Court, after its independent review, enter its order denying the Petition for Writ of Habeas Corpus. The parties were given notice, pursuant to 28 U.S.C. 636(b), that the parties had 10 days after being served with a copy of this Report and Recommendation to file written objections. No objections were filed. The Court, having made an independent review of the record herein and all matters submitted, orders as follows: IT IS ORDERED that Magistrate Judge Guerin's Report and Recommendation [Doc. #18] is hereby ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court; IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is DENIED and that is case is hereby dismissed with prejudice; Judgment shall be entered accordingly. DATED this 15th day of October, 2009. -2-

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