McCullough v. Graber
ORDER ADOPTING 18 Report and Recommendations. Petitioner's habeas 1 petition is denied and this case is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly and close the file in this matter. Signed by Senior Judge Frank R Zapata on 6/3/2011. (GCP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Perry Adron McCullough,
Conrad M. Graber, Warden,
No. CV 10-465-TUC-FRZ (JCG)
Pending before the Court is a Report and Recommendation issued by United States
Magistrate Judge Guerin that recommends denying Petitioner’s habeas petition filed pursuant
to 28 U.S.C. §2241. As throughly explained by Magistrate Judge Guerin, the petition must
be denied as Petitioner fails to demonstrate any viable grounds entitling him to habeas relief.1
As Petitioner’s objections do not undermine the analysis and proper conclusions reached by
Magistrate Judge Guerin, Petitioner’s objections are rejected and the Report and
Recommendation is adopted.
Accordingly, IT IS HEREBY ORDERED as follows:
(1) The Report and Recommendation (Doc. 18) is accepted and adopted.
(2) Petitioner’s §2241 habeas petition is denied; this case is dismissed with prejudice.
(3) The Clerk of the Court shall enter judgment accordingly and close the file in this matter.
DATED this 3rd day of June, 2011.
The Court reviews de novo the objected-to portions of the Report and Recommendation.
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court reviews for clear error the unobjected-to
portions of the Report and Recommendation. Johnson v. Zema Systems Corp., 170 F.3d 734, 739
(7th Cir. 1999); see also Conley v. Crabtree, 14 F. Supp. 2d 1203, 1204 (D. Or. 1998).
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