Vandersommen v. Ryan et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS 23 , Petitioner's 2254 habeas petition is denied and this case is dismissed with prejudice. The Clerk of the Court shall enter judgment and close the file in this matter. Signed by Senior Judge Frank R Zapata on 7/5/11. (KAH)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Anthony P. Vandersommen,
Petitioner,

10
11

vs.

12
Charles Ryan, et al.,
13
Respondents.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 10-345-TUC-FRZ (DTF)
ORDER

15
16

Pending before the Court is a Report and Recommendation issued by United States

17

Magistrate Judge D. Thomas Ferraro that recommends denying Petitioner’s habeas petition

18

filed pursuant to 28 U.S.C. §2254. A review of the record reflects that the parties have not

19

filed any objections to the Report and Recommendation and the time to file objections has

20

expired. As such, the Court will not consider any objections or new evidence.

21

The Court has reviewed the record and concludes that Magistrate Judge Ferraro’s

22

recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72;

23

Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14

24

F. Supp. 2d 1203, 1204 (D. Or. 1998).

25

Accordingly, IT IS HEREBY ORDERED as follows:

26

(1) Magistrate Judge Ferraro’s Report and Recommendation (Doc. 23) is accepted and

27

adopted.

28

(2) Petitioner’s §2254 habeas petition is denied and this case is dismissed with prejudice.

1
2

(3) The Clerk of the Court shall enter judgment and close the file in this matter.
DATED this 5th day of July, 2011.

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
-2-