Lugo v. Freeland et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 17 Report and Recommendations, The Petition(Doc.1), is denied and this case is dismissed. The Clerk of Court is directed to close this case and entern judgment accordingly.. Signed by Judge A Wallace Tashima on 3/23/2011. (JKM)

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1 2 3 4 5 6 7 8 9 10 11 12 Deputy Warden Freeland; et al., 13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case involves a Petition Under 28 U.S.C. 2254 For a Writ of Habeas Corpus filed by Petitioner Mark Lugo on May 24, 2010 (Doc. 1). On September 29, 2010, after a thorough and well-documented analysis, Magistrate Judge Bernardo Velasco issued a Report and Recommendation (R & R) to this Court, recommending that the Petition for Writ of Habeas Corpus be denied. On October 14, 2010, Petitioner filed his objections to the R & R. After an independent review of the record and a de novo review of the portions of the R & R to which Petitioner has objected, the Court adopts the Magistrate Judge's R & R in whole. In his objections to the R & R, Petitioner does not raise any new issues of fact or law but merely reiterates the arguments and claims he has already made in his Petition. Moreover, Petitioner mistakingly attempts to assign the Court the burden of disproving Petitioner's statements. It is Petitioner's burden to produce evidence supporting his argument, and he has failed to meet it. All of Petitioner's arguments have been adequately addressed by the vs. Mark Lugo, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. 10-CV-313-TUC-AWT 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 Magistrate Judge in his R & R. Petitioner's claims are without merit and his Petition must be denied. Accordingly, IT IS ORDERED: The Report and Recommendation of Magistrate Judge Velasco (Doc. 17) is adopted in whole. The Petition (Doc. 1) is denied and this case is dismissed. The Clerk of Court is directed to close this case and enter judgment accordingly. DATED this 23rd day of March, 2011. -2-

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