Johnson v. Graber

Filing 15

ORDER ADOPTING 14 Report and Recommendations; Petitioners petition is denied and case is dismissed with prejudice. Clerk of the Court shall enter judgment and close the file. Signed by Senior Judge Frank R Zapata on 8/31/12. (SMBE)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF ARIZONA 4 Matthew Johnson, Petitioner, 5 6 vs. 7 Conrad M. Graber, 8 Respondent. 9 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 10-571-TUC-FRZ (CRP) ORDER 10 11 Pending before the Court is a Report and Recommendation issued by United States 12 Magistrate Judge Charles R. Pyle that recommends denying Petitioner’s habeas petition filed 13 pursuant to 28 U.S.C. §2241. A review of the record reflects that the parties have not filed 14 any objections to the Report and Recommendation and the time to file objections has expired. 15 As such, the Court will not consider any objections or new evidence. 16 The Court has reviewed the record and concludes that Magistrate Judge Pyle’s 17 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 18 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 19 F. Supp. 2d 1203, 1204 (D. Or. 1998). 20 Accordingly, IT IS HEREBY ORDERED as follows: 21 (1) Magistrate Judge Pyle’s Report and Recommendation (Doc. 14) is accepted and adopted. 22 (2) Petitioner’s §2241 habeas petition is denied and this case is dismissed with prejudice. 23 (3) The Clerk of the Court shall enter judgment and close the file in this matter. 24 25 26 27 28 DATED this 31st day of August, 2012.

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