Marcellus v. Ryan et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Petitioners 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 06/04/12. (LMF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Laurence Lee Marcellus,
Petitioner,

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vs.

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Charles L. Ryan, et al.,
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Respondents.
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No. CV 11-0412-TUC-JGZ
ORDER

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

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Magistrate Judge Bernardo P. Velasco that recommends denying Petitioner’s Petition for

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Writ of Habeas Corpus. (Doc. 14.)

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A review of the record reflects that the parties have not filed any objections to the

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Report and Recommendation and the time to file objections has expired. As such, the Court

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will not consider any objections or new evidence.

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

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

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

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Crabtree, 14 F.Supp.2d 1203, 1204 (D.Or.1998).

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Accordingly, IT IS HEREBY ORDERED as follows:
(1) Magistrate Judge Velasco’s Report and Recommendation (Doc. 14) is accepted
and adopted.

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(2) Petitioner’s Petition for Writ of Habeas Corpus is DENIED.

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(3) This case is dismissed with prejudice.

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(4) The Clerk of the Court shall enter judgment accordingly.

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DATED this 4th day of June, 2012.

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