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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Raymond Shelton, Petitioner, 10 11 vs. 12 Craig Apker, Warden, 13 Respondent. ) ) ) ) ) ) ) ) ) ) No. CV 11-444-TUC-FRZ ORDER 14 15 Before the Court for consideration is Petitioner Raymond Shelton’s Application for 16 a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. Petitioner, who is currently serving 17 a 168-month sentence for conspiracy to distribute narcotics and weapons-related charges, 18 filed this action while confined in the Federal Correctional Institution in Tucson, Arizona 19 (FCI-Tucson). 20 Petitioner claims that prison staff made false statements in an Incident Report and that 21 his due process and equal protection rights were denied during the disciplinary hearing. 22 Petitioner challenges the finding of the discipline hearing officer, that Petitioner engaged in 23 fighting with another inmate, and the resulting sanction of 27 days of loss of good conduct 24 time, 15 days of disciplinary segregation, and 3 months loss of commissary. Petitioner 25 requests that the incident report at issue be removed from his file and that all privileges, 26 including the 27 days of lost good time credit be restored. 27 This matter was referred to Magistrate Judge Charles R. Pyle, pursuant to the 28 provisions of 28 U.S.C. § 636(b), Rule 72, Fed.R.Civ.P., and Local Rules 72.1 and 72.2 of 1 the Rules of Practice of the United States District Court for the District of Arizona, for 2 further proceedings and report and recommendation. 3 Magistrate Judge Pyle issued his Report and Recommendation, recommending that 4 the Court, after its independent review of the record, enter an order denying the application 5 for habeas relief. The Report and Recommendation sets forth the factual and procedural 6 history of the disciplinary action at issue. 7 The Report and Recommendation, filed December 14, 2012, advised the parties that 8 they may serve and file written objections pursuant to Rule 72(B)(2), within fourteen days 9 of being served with a copy of the Report and Recommendation, and that if objections were 10 not timely filed, they may be deemed waived. 11 No objections were filed. 12 After consideration of the matters presented and an independent review of the record 13 herein, the Court finds that the Report and Recommendation shall be adopted, thereby 14 denying the Application for Writ of Habeas Corpus. Accordingly, 15 IT IS ORDERED that Magistrate Judge Pyle’s Report and Recommendation (Doc. 16 19) is hereby ACCEPTED AND ADOPTED as the findings of fact and conclusions of law 17 by this Court; 18 19 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. 20 21 DATED this 3rd day of July, 2013. 22 23 24 25 26 27 28 -2-

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