West v. Graber et al

Filing 16

ORDER adopting Report and Recommendations re 15 Report and Recommendations. Petitioner's Petition for Writ of Habeas Corpus is DENIED. This case is dismissed with prejudice. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Jennifer G Zipps on 8/3/2012.(ALS)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE DISTRICT OF ARIZONA 6 7 Walter Scott West, Petitioner, 8 9 vs. 10 Conrad M. Graber, et al., 11 Respondents. 12 ) ) ) ) ) ) ) ) ) ) ) ) No. CV 11-347-TUC-JGZ ORDER 13 14 Pending before the Court is a Report and Recommendation issued by United States 15 Magistrate Judge Charles R. Pyle that recommends denying Petitioner’s Petition for Writ of 16 Habeas Corpus. (Doc. 15.) 17 A review of the record reflects that the parties have not filed any objections to the 18 Report and Recommendation and the time to file objections has expired. As such, the Court 19 will not consider any objections or new evidence. 20 The Court has reviewed the record and concludes that Magistrate Judge Pyle’s 21 recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; 22 Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir.1999); see also Conley v. 23 Crabtree, 14 F.Supp.2d 1203, 1204 (D.Or.1998). 24 // 25 // 26 // 27 // 28 // 1 2 3 Accordingly, IT IS HEREBY ORDERED as follows: (1) Magistrate Judge Pyle’s Report and Recommendation (Doc. 15) is accepted and adopted. 4 (2) Petitioner’s Petition for Writ of Habeas Corpus is DENIED. 5 (3) This case is dismissed with prejudice. 6 (4) The Clerk of the Court shall enter judgment accordingly. 7 DATED this 3rd day of August, 2012. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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