Shelton v. Apker

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 19 . The Application for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is hereby DENIED and judgment shall be entered accordingly. Signed by Senior Judge Frank R Zapata on 7/3713. (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Raymond Shelton,
Petitioner,

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vs.

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Craig Apker, Warden,

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Respondent.

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No. CV 11-444-TUC-FRZ
ORDER

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Before the Court for consideration is Petitioner Raymond Shelton’s Application for

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a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. Petitioner, who is currently serving

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a 168-month sentence for conspiracy to distribute narcotics and weapons-related charges,

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filed this action while confined in the Federal Correctional Institution in Tucson, Arizona

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(FCI-Tucson).

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Petitioner claims that prison staff made false statements in an Incident Report and that

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his due process and equal protection rights were denied during the disciplinary hearing.

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Petitioner challenges the finding of the discipline hearing officer, that Petitioner engaged in

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fighting with another inmate, and the resulting sanction of 27 days of loss of good conduct

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time, 15 days of disciplinary segregation, and 3 months loss of commissary. Petitioner

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requests that the incident report at issue be removed from his file and that all privileges,

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including the 27 days of lost good time credit be restored.

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This matter was referred to Magistrate Judge Charles R. Pyle, pursuant to the

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provisions of 28 U.S.C. § 636(b), Rule 72, Fed.R.Civ.P., and Local Rules 72.1 and 72.2 of

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the Rules of Practice of the United States District Court for the District of Arizona, for

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further proceedings and report and recommendation.

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Magistrate Judge Pyle issued his Report and Recommendation, recommending that

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the Court, after its independent review of the record, enter an order denying the application

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for habeas relief. The Report and Recommendation sets forth the factual and procedural

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history of the disciplinary action at issue.

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The Report and Recommendation, filed December 14, 2012, advised the parties that

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they may serve and file written objections pursuant to Rule 72(B)(2), within fourteen days

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of being served with a copy of the Report and Recommendation, and that if objections were

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not timely filed, they may be deemed waived.

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No objections were filed.

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After consideration of the matters presented and an independent review of the record

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herein, the Court finds that the Report and Recommendation shall be adopted, thereby

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denying the Application for Writ of Habeas Corpus. Accordingly,

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IT IS ORDERED that Magistrate Judge Pyle’s Report and Recommendation (Doc.

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19) is hereby ACCEPTED AND ADOPTED as the findings of fact and conclusions of law

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by this Court;

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IT IS FURTHER ORDERED that the Application for Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2241 is hereby DENIED; judgment shall be entered accordingly.

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DATED this 3rd day of July, 2013.

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