Hill v. Graber

Filing 18

ORDER ADOPTING 16 Report and Recommendations; Petitioners §2241 habeas petition is denied; this case is dismissed with prejudice. Clerk to enter Judgment and close. Signed by Senior Judge Frank R Zapata on 10/3/11. (SMBE)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
Eric Byon Hill,
9
Petitioner,
10
vs.
11
12

Conrad M. Graber, Warden,
Respondent.

13
14

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

No. CV 10-723-TUC-FRZ (HCE)
ORDER

15
Pending before the Court is a Report and Recommendation issued by United States
16
Magistrate Judge Estrada that recommends denying Petitioner’s habeas petition filed
17
pursuant to 28 U.S.C. §2241. As throughly explained by Magistrate Judge Estrada, the
18
petition must be denied as Petitioner fails to demonstrate any viable grounds entitling him
19

to habeas relief.1 As Petitioner’s objections do not undermine the analysis and proper

20
conclusions reached by Magistrate Judge Estrada, Petitioner’s objections are rejected and the
21
Report and Recommendation is adopted.
22
Accordingly, IT IS HEREBY ORDERED as follows:
23
(1) The Report and Recommendation (Doc. 16) is accepted and adopted.
24
(2) Petitioner’s §2241 habeas petition is denied; this case is dismissed with prejudice.
25
26
27
28

1

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).

1

(3) The Clerk of the Court shall enter judgment accordingly and close the file in this matter.

2
3

DATED this 3rd day of October, 2011.

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-