Rivera v. Schriro et al

Filing 14

ORDER adopting 13 Report and Recommendations. Pet's §2254 habeas petition is denied and this case is dismissed w/prejudice. Clk of Court shall enter judgment & close the file in this matter. Signed by Judge Frank R Zapata on 8/13/09.(JEMB, )

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 vs. Charles L. Ryan, et al., Respondents. Israel A. Rivera, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 08-659-TUC-FRZ (GEE) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pending before the Court is a Report and Recommendation issued by United States Magistrate Judge Glenda E. Edmonds that recommends denying Petitioner's habeas petition filed pursuant to 28 U.S.C. §2254. A review of the record reflects that the parties have not filed any objections to the Report and Recommendation and the time to file objections has expired. As such, the Court will not consider any objections or new evidence. The Court has reviewed the record and concludes that Magistrate Judge Edmonds' recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998). Accordingly, IT IS HEREBY ORDERED as follows: (1) Magistrate Judge Edmonds' Report and Recommendation (Doc. #13) is accepted and adopted. (2) Petitioner's §2254 habeas petition is denied and this case is dismissed with prejudice.

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

(3) The Clerk of the Court shall enter judgment and close the file in this matter. DATED this 13th day of August, 2009.

-2-