Lemus v. Apker

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 11 Motion for Summary Judgment filed by Demetrius Lemus, 22 Report and Recommendations. Further ordered that this case be dismissed with prejudice. The Clerk of Court is directed to close the case. Signed by Judge Raner C Collins on 2/28/11. (BAR)

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Lemus v. Apker Doc. 23 1 2 3 4 5 6 7 8 9 10 11 12 Lionel C. Apker, 13 Respondent. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This order addresses the habeas corpus petition and Motion for Summary Judgment by Petitioner Demetrius Lemus. On January 5, 2011, after a thorough and well documented analysis, Magistrate Judge Marshall issued a Report and Recommendation ("R&R") to this Court. Neither party filed an objection to the R&R. Magistrate Judge Marshall recommended that this Court both dismiss the petition and deny the motion. When there are no objections to the R&R, the Court will modify or set aside only those portions that are clearly erroneous or contrary to law. 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). The Court has carefully reviewed the entire record and concludes that Magistrate Judge Marshall's recommendations are not clearly erroneous or contrary to law. vs. Demetrius Lemus, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. 10-CV-101-TUC-AWT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Dockets.Justia.com 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 Accordingly, IT IS ORDERED that the REPORT AND RECOMMENDATION of Magistrate Judge Marshall (Doc. No. 22) is ADOPTED. IT IS FURTHER ORDERED that this case be DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. DATED this 28th day of February, 2011. -2-

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