Vann v. Hartsuck et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS, IT IS HEREBY ORDERED as follows: Magistrate Judge Velascos Report and Recommendation (Doc. 18) is accepted and adopted. Petitioners §2254 habeas petition (Doc. 6) is dismissed as moot. A Certificate of Appealability is denied and shall not issue. The Clerk of the Court shall enter judgment accordingly and close the file in thismatter. Signed by Judge Jennifer G Zipps on 10/23/12. (KAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Charles Vann,
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Petitioner,
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vs.
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Keith Hartsuck, et al.,
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Respondents.
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No. CV 11-0469-TUC-JGZ (BPV)
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 recommending dismissal of the Petition as moot.

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(Doc. 18.)

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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); Conley v. Crabtree, 14

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

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Accordingly, IT IS HEREBY ORDERED as follows:

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(1) Magistrate Judge Velasco’s Report and Recommendation (Doc. 18) is accepted

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and adopted.

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(2) Petitioner’s §2254 habeas petition (Doc. 6) is dismissed as moot.

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(3) A Certificate of Appealability is denied and shall not issue.

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

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Dated this 23rd day of October, 2012.

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